Ex Parte Thomas

As the author of what was a perfectly good opinion (inHarrell v. State, 571 So.2d 1270 (Ala. 1990), cert. denied,499 U.S. 984, 111 S.Ct. 1641, 113 L.Ed.2d 736 (1990)), I was first inclined to dissent. However, after studying J.E.B. v. Alabamaex rel. T.B., ___ U.S. ___, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994), which forbids peremptory challenges on the basis of gender ("sex" according to the caustic dissent of Justice Scalia) as well as on the basis of race, I believe that the requirement of a prima facie showing of discrimination has been abolished. In spite of the weak attempt by the majority…