State v. Marlowe

DUANE BENTON, Judge.

Troy Marlowe appeals his felony convictions for resisting arrest and unlawful use of a weapon. He alleges an improper strike of a venireperson in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). After opinion by the Court of Appeals, this Court granted transfer. Mo. Const., art. V, sec. 10. Reversed and remanded in part.

Voir dire concluded on November 1, 2000, with:

[Defense Counsel]: Judge, the State struck as one of their peremptory challenges the only African American on the jury panel, Mrs. Fulton, and the defendant would like to…