Insley v. State

Neal Benson Insley, the appellant, was convicted for trafficking in marihuana, was fined $25,000, and was sentenced to eight years' imprisonment. He raises three issues on this appeal from that conviction.

I

The trial court summarily denied the appellant's "Batson" motion because the appellant was white and because he was "not a cognizable member of a minority group. . . ." R.27. However, a criminal defendant has standing to challenge the peremptory strikes of jurors who are not members of the defendant's race.Powers v. Ohio, ___ U.S. ___, 111 S.Ct. 1364, 113 L.Ed.2d 411 (1991); Ex parte Bird…