Legal Opinion · Concurrence

Johnson v. State

Court of Criminal Appeals of Alabama

Decided March 20, 2009No. CR-07-0965Published

1ConcurrenceWelch, Judge

I concur fully with the main opinion. I write to address Johnson’s belief that, in the context of a Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 *16(1986), the racial-neutrality of a proponent’s peremptory strike must be disclosed during voir dire. In several instances, Johnson rebutted the State’s alleged race-neutral explanation for a challenged strike by arguing that the voir dire did not support the State’s explanation, i.e., “[the State] should have elicited that in the voir dire”; “[the State] should have brought the sheriff on to testify ... [i]t is not in the record in…

2Cases cited27 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Purkett v. ElemSupreme Court of the United States · 1995
  3. Ex Parte BranchSupreme Court of Alabama · 1987
  4. State v. NeilSupreme Court of Florida · 1984
  5. Ex Parte BirdSupreme Court of Alabama · 1991

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