Wise v. State

Sognier, Judge.

Appellant was convicted of rape and appeals on several grounds, including violation of his constitutional rights through the prejudicial striking of all black jurors through the use of peremptory challenges.

In this case appellant made timely objection to removal of all black persons on the venire by the prosecutor’s use of peremptory challenges. Because the trial court rejected the objection without requiring the prosecutor to give an explanation for his actions, we remand the case for further proceedings pursuant to the principles enunciated in Batson v. Kentucky, 476 U. S. _…