Legal Opinion · Concurrence

Burton v. State

Court of Appeals of Georgia

Decided July 15, 1998No. A98A0379Published

1ConcurrenceEldridge, Judge

I concur only in the judgment of the majority.

Respectfully, I cannot agree with my appellate colleagues’ Bat-son analysis which, to me, has had the result of vitiating Batson/ McCollum challenges in this State.

*4311. Under the majority’s analysis, the Batson test is now, in effect, a four-step inquiry: (1) A prima facie showing; (2) a facially race-neutral explanation; (3) an independent requirement that the opponent of the strike prove that the otherwise race-neutral explanation is not really neutral (i.e., proving a negative); and then, (4) the trial court’s decision based upon whether the…

2Cases cited25 opinions

St. Mary's Honor Center v. HicksSupreme Court of the United States · 1993
Hernandez v. New YorkSupreme Court of the United States · 1991
Purkett v. ElemSupreme Court of the United States · 1995
John M. HAIRSTON, Plaintiff-Appellant, v. the GAINESVILLE SUN PUBLISHING CO., Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1994
People v. PayneNew York Court of Appeals · 1996

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