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655 So. 2d 1101

Eldridge v. State

Supreme Court of Alabama

Decided February 10, 1995

Supreme Court of Alabama · decided 1995-02-10

Relies on 571 So. 2d 1270 - Harrell v. State · Farr v. Federal Deposit Insurance · 655 So. 2d 1095 - Eldridge v. State

Decided 1995-02-10

COOK, Justice.

¶1In holding that the petitioner had not presented a prima facie ease of discrimination in the selection of his petit jury, the Court of Criminal Appeals relied on language contained in Harrell v. State, 571 So.2d 1270 (Ala.), cert. denied, 499 U.S. 984, which language this Court expressly disapproved in Ex parte Thomas [Ms. 1921804, September 2,1994] — So.2d — (Ala.1994). However, for reasons other than those cited by the Court of Criminal Appeals, 655 So.2d 1095, we also hold that the petitioner failed to present a prima facie case of racial discrimination.

¶2WRIT DENIED.

HORNSBY, C.J., and MADDOX, SHORES, HOUSTON and INGRAM, JJ., concur.
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