State v. Franklin

Finney, Justice:

I respectfully dissent. In my opinion, the trial court’s mishandling of the Batson issue, and the admission of photographs 40 and 90 in the sentencing phase require reversal.

After a jury was selected, each party made a Batson motion. A hearing was held, and the trial judge found both appellant and the State had exercised unconstitutional peremptory strikes. The names of all jurors called in the first selection proceeding were put back in the pool, and a new jury selection proceeding commenced. One of the individuals improperly stricken by appellant was juror Cantley. Juror…