State v. Jones

Harwell, Justice:

Appellant was convicted of possession of heroin with intent to distribute and sentenced to fifteen years in prison. He contends that he is entitled to a new trial under Batson v. Kentucky, 476 U. S. 79, 106 S. Ct. 1712, 90 L. Ed. (2d) 69 (1986). We remand for further proceedings in the trial Court on this issue.

Appellant is a member of the Black race. The solicitor used three of his peremptory challenges to strike potential black jurors. Appellant objected on constitutional grounds to the solicitor’s use of peremptory challenges to exclude blacks from the jury.

In Batson, the…