Cook v. State

McMurray, Presiding Judge.

Defendant was convicted of aggravated assault and this appeal followed the denial of his motion for new trial. Held:

1. Defendant first contends the trial court erred in denying his motion under Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69), arguing that the State used its peremptory strikes in a racially discriminatory manner.

“If the defendant can establish a prima facie case of racial discrimination in the prosecutor’s exercise of his peremptory challenges, the prosecutor must explain his exercise of peremptory challenges, and demonstrate that racially…