Avery v. State
Court of Appeals of Georgia
1ConcurrenceBenham, Judge
I concur in the majority opinion; however, I would approach the matter of peremptory strikes somewhat differently, and I concur in a separate opinion only to emphasize the need for preventive rather than corrective measures in this area.
*118The record shows that during voir dire the State’s attorney used all ten of his peremptory strikes to remove blacks from the jury. The defendant, a black man, objected to such a use of the peremptory process as being violative of the Sixth and Fourteenth Amendments to the United States Constitution and the Constitution of the State of Georgia. In response to…
2Cases cited26 opinions
- Brown v. Board of EducationSupreme Court of the United States · 1954
- Swain v. AlabamaSupreme Court of the United States · 1965
- Taylor v. LouisianaSupreme Court of the United States · 1975
- People v. WheelerCalifornia Supreme Court · 1978
- United States v. RainesSupreme Court of the United States · 1960
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