Scheuing v. State

I concur with the majority’s decision to affirm Jesse Earl Scheuing’s convictions and sentences. I write specially to address why I believe that claims raised under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), or J.E.B. v. Alabama, 511 U.S. 127, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994), must be raised first at trial.

*299In his special writing in Ex parte Floyd, [Ms. 1080107, Sept. 28, 2012] — So.3d -(Ala.2012), Justice Murdock listed the reasons why the three-step evidentiary inquiry prescribed by Batson “is not an inquiry that can be initiated on appeal as a result of a…