State v. Shaw

I respectfully dissent from the majority decision regarding Defendant’s second point on appeal, specifically, his gender Batson challenge for venireperson D.M. In the interest of justice and consistency, I would reverse and remand.

*87I

As the majority states, to preserve a Batson challenge, a defendant must make a timely objection at trial, must assert the alleged error in his motion for new trial and must adequately raise the matter in his brief on appeal. State v. Parker, 836 S.W.2d 930, 935 (Mo. banc 1992) cert. denied, 506 U.S. 1014, 113 S.Ct. 636, 121 L.Ed.2d 566 (1992). Defendant preserved…