Ex Parte State

We granted certiorari in this case because our decision inBranch v. State, 526 So.2d 609 (Ala. 1987) leaves unanswered the question of whether all cases raising a Batson v. Kentucky,476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), issue must be remanded for a hearing under the procedure formulated inBranch. We agree with the dissenting opinion of Judge Bowen that the answer is in the negative and that whether such a hearing must be held must be decided on a case-by-case basis.

In this case, the record indicates that the trial judge understood, as well as anyone does, the teachings ofBatson.…