Commonwealth v. Lloyd

I join in the majority’s opinion except with respect to its disposition of appellant’s allegation that the prosecution exercised its peremptory challenges to discriminate on the basis of race contrary to the mandate of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). As to the disposition of that issue, I concur in the result.

Upon careful review of the limited record presented for review, I have concerns regarding the manner in which the Batson claim was treated in the trial court. No determination was made by the trial court as to whether appellant had presented a prima…