Insley v. State

ON RETURN TO REMAND

On original submission, this case was remanded for the trial court to conduct a hearing pursuant to Batson v. Kentucky,476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and Ex parteBranch, 526 So.2d 609 (1987). Insley v. State, 591 So.2d 589,690 (Ala.Cr.App. 1991).

At that hearing, the appellant's counsel, who was not trial counsel and who admitted that he was not present for the jury voir dire and the selection of the jury, argued that the prosecution used its peremptory strikes against two of the three black veniremembers. The prosecutor who tried the case argued that…