Jackson v. State

ON RETURN TO REMAND

McMILLAN, Judge.

This cause was remanded to the trial court with instructions to conduct an evidentiary hearing to determine whether a prima facie case of racial discrimination or gender-based discrimination occurred during the prosecutor’s exercising of his peremptory challenges during jury selection. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).

The trial court, in compliance with this court’s order, conducted an evidentiary hearing and found that, because the State had used five of its eight peremptory challenges to strike black veniremembers and…