State v. Stokes

Hiszerchi Stokes was convicted of Assault and Battery of a High and Aggravated Nature (ABHAN) committed upon the two-year-old son of his live-in girlfriend. On appeal, Stokes asserts the following errors require reversal: (1) refusal of his Batson 1 motion; (2) allowing the State to exhibit the child victim to the jury at the conclusion of the evidence; (3) exclusion of impeachment evidence; and (4) the failure to charge mere presence. We reverse and remand for a new trial.

FACTUAL/PROCEDURAL HISTORY

Stokes and Deshawn Shivers lived together in a mobile home with Shivers’ two-year-old son. On…