State v. Tomlin

Toal, Justice;

The sole issue in this case involves the State’s use of its peremptory challenges. Tomlin, a black woman, was charged with driving under the influence (second offense). During jury selection, the State exercised four of its peremptory challenges to strike black jurors and one to strike a white juror. Tomlin moved to dismiss the jury and for a mistrial under Batson v. Kentucky, 476 U. S. 79, 106 S. Ct. 1712, 90 L. Ed. (2d) 69 (1986), on the ground that the State used its peremptory challenges in a racially discriminatory manner. Although the Court questioned whether Tomlin had…