Legal Opinion · Dissent

Bobby Lee Allen v. State of Mississippi

Court of Appeals of Mississippi

Decided June 6, 2017No. 2016-KA-00379-COAPublished

1Dissent

WESTBROOKS, J,,

DISSENTING:

¶29. I find that the trial court erred when it overruled Allen’s peremptory strikes of two potential jurors. Because I believe the proffered reasons were race- and gender-neutral, I respectfully dissent.

¶30. Allen’s counsel used peremptory strikes on six white males. The prosecutor objected and requested that Allen’s counsel be required to give race- and gender-neutral reasons for the strikes. The court found that Allen’s counsel provided race- and gender-neutral reasons for four of the peremptory strikes. For the remaining two jurors, the following exchange took…

2Cases cited4 opinions

  1. Lockett v. StateMississippi Supreme Court · 1987
  2. Walker v. StateMississippi Supreme Court · 2002
  3. Perry v. StateCourt of Appeals of Mississippi · 2006
  4. Camper v. StateCourt of Appeals of Mississippi · 2010

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