Robert v. State

Judge Harold R. Banke.

Calvin Eugene Robert was convicted of one count of possession of cocaine with intent to distribute. On appeal, he enumerates one error, raising a Batson challenge to the State’s use of a peremptory strike against Juror 103. Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986).

The jury pool included six African-Americans. Of those, three were seated on the jury. The State used its peremptory challenges to strike the remaining three.

Finding that Robert established a prima facie case of racial discrimination under Batson, the trial court required the State to…