State v. Sessoms

Judge Mark D. Martin

concurring in the result only.

The present appeal arises out of the hearing conducted by the trial court on remand, pursuant to Batson v. Kentucky, 476 U.S. 79, 90 L. Ed. 2d 69 (1986), to determine whether the prosecutor’s explanation for his peremptory challenge of juror Beverly Askew was race-neutral. I write separately to express my belief that the procedures used at the hearing violated defendant’s right to reciprocal fairness.

At the hearing all of defendant’s witnesses, upon taking the witness stand, were required to take an oath and were subjected to cross-examination…