State v. Henderson

This case is before us a second time. Defendant, a black man, was convicted of raping, ORS 163.375, and kidnapping, ORS 163.235, a white woman. During voir dire, the prosecutor exercised a peremptory challenge, thereby excusing DuBoise, the only black venireman. Defendant’s attorney objected and requested that a neutral reason be given. The trial court accepted the challenge as made, resulting in an all white jury. Defendant was convicted. On the first appeal, 94 Or App 87, 764 P2d 602, we held that defendant had made a prima facie showing under Batson v. Kentucky, 476 US 79, 96-97, 106 S Ct…