Public-domain · open source
OpenJurist

607 So. 2d 311

Ex Parte Pilot

Supreme Court of Alabama

Decided October 23, 1992

Supreme Court of Alabama · decided 1992-10-23

Relies on Batson v. Kentucky · Georgia v. McCollum · Purser v. State

Decided 1992-10-23

¶1

¶2The issue presented by this petition for the writ of certiorari is whether the standard of Batson v.Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), applies to a defendant in a criminal case. The Court of Criminal Appeals held that it does. 607 So.2d 306. Because the United States Supreme Court has recently answered this question in the affirmative, we affirm.

¶3On June 18, 1992, the day after we granted review in this case, the United States Supreme Court released Georgia v.McCollum, ___ U.S. ___, 112 S.Ct. 2348, 120 L.Ed.2d 33 (1992). In McCollum, the Court, faced with the identical issue, held:

¶4 "[T]he Constitution prohibits a criminal defendant from engaging in purposeful discrimination on the ground of race in the exercise of peremptory challenges. Accordingly, if the State demonstrates a prima facie case of racial discrimination by the defendants, the defendants must articulate a racially neutral explanation for peremptory challenges."

¶5___ U.S. at ___, 112 S.Ct. at 2359, 120 L.Ed.2d at 51.

¶6McCollum forecloses Pilot's argument and requires that we affirm the judgment of the Court of Criminal Appeals.

¶7AFFIRMED.

¶8HORNSBY, C.J., and SHORES, HOUSTON and KENNEDY, JJ., concur.

/607/so2d/311 · .json · Public domain