Allen v. State

BLACKBURN, Presiding Judge.

Following a jury trial, Andrew O. Allen appeals his conviction for aggravated assault, 1 arguing that one juror was improperly impaneled in that she was not summoned nor on the jury list, and that the court erred in denying his Batson motion that challenged the State’s striking of six African-American jurors. We hold that Allen has waived any objection regarding the unsummoned juror and that evidence supported the trial court’s finding that the State’s reasons for striking the challenged jurors were race-neutral. Accordingly, we affirm.

Viewed in favor of the…