Robert Anthony Clayton v. State

I join fully with Judge Ray’s dissent and his view that our previous decision in Rector v. State, 213 Ga. App. 450 (444 SE2d 862) *205(1994) can be distinguished based upon the procedural posture of the case on appeal and its facts. I write separately to point out that our decision in Rector has been disapproved by the Supreme Court of Georgia in Toomer v. State, 292 Ga. 49 (734 SE2d 333) (2012) and was decided before a seminal United States Supreme Court decision clarifying step two of the Batson v. Kentucky33 analysis. Purkett v. Elem, 514 U. S. 765 (115 SCt 1769, 131 LE2d 834) (1995). Because…