Gilbert v. State

Blackburn, Judge.

Sammy Lee Gilbert, Jr., appeals his conviction for possession of cocaine with intent to distribute. During jury selection, Gilbert, a member of race group “B,” utilized the majority of his peremptory strikes to remove individuals of another race from the jury. Gilbert contends the trial court erred when it ruled that two of Gilbert’s strikes were not supported by race-neutral reasons and when it placed the burden upon him to prove that his reasons for striking the jurors were not racially discriminatory. We agree and reverse.

“[T]he equal protection clause prohibits a criminal…