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571 So. 2d 1269

Harrell v. State

Court of Criminal Appeals of Alabama · decided 1990-04-27

Relies on Batson v. Kentucky · Ex Parte Branch

Decided 1990-04-27

¶1*1270ON RETURN TO REMAND

BOWEN, Judge.

¶2This Court remanded this cause to the circuit court for application of the principles of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), as interpreted by Ex parte Branch, 526 So.2d 609 (Ala.1987). After an evidentiary hearing, the trial judge found that “the prosecutor has failed to provide the Court with facially race neutral reasons for its peremptory challenges which are credible under the law.”

¶3Therefore, the judgment of conviction is reversed and this cause is remanded to the circuit court for further proceedings.

¶4REVERSED AND REMANDED.

All Judges concur.
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