Commonwealth v. Edwards

DISSENTING OPINION

STABILE, J.

The Majority concludes the Commonwealth’s peremptory strike of Juror 67 was racially motivated and violated Batson.1 Consequently, the Majority would vacate Appellant’s judgment of sentence and remand for a new trial. Because I disagree with the learned Majority’s analysis of the Batson test, its rejection of the trial court’s factual determinations, and find other of our precedent persuasive, I respectfully dissent.2

In Commonwealth v. Harris, 572 Pa. 489, 817 A.2d 1033 (2002), our Supreme Court recognized:

Batson set forth a three-part test for examining a…