Caldwell v. State

For reasons set out in my separate opinions in Thomas v. State, 517 So.2d 1285, 1288 (Miss.1987); and Jones v. State, 517 So.2d 1295, 1304 (Miss.1987), I am of the view that rights announced in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), are indeed available to Bobby Caldwell, notwithstanding the finality of his conviction. One point not present in Thomas and Jones but present here needs to be addressed. I refer to the fact that Caldwell is before the Court in the status of an applicant for post-conviction relief. The majority holds that this fact *1362somehow serves to…