Bowden v. Kemp

This is an appeal by appellant, Jerome Bowden, from the trial court’s denial of his petition for writ of habeas corpus and application for stay of execution.

Appellant’s petition to the trial court was based solely upon the proposition set forth in the opinion of Batson v. Kentucky, 476 U. S. _(106 SC 1712, 90 LE2d 69) (1986). This case changed the standard of proof necessary to show unconstitutionally discriminatory use of peremptory strikes on the part of a prosecutor in a criminal case. Based upon the Batson case appellant claims that the prosecution improperly used its peremptory strikes…