People v. Hooper

specially concurring:

I join in the supervisory order entered herein; however, by reason of the comments of my dissenting colleagues, I am compelled to express in writing the reasons for my concurrence with the supervisory order remanding to the trial court the cases involving a Batson issue (Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69,106 S. Ct. 1712).

At the trial of the cases which we now consider, the issue of the misuse of peremptory challenges to exclude blacks was considered under the law as announced in Swain v. Alabama (1965), 380 U.S. 202, 13 L. Ed. 2d 759, 85 S. Ct. 824.…