Rowe v. State

Joe Curtis Rowe, the appellant, was convicted of the unlawful possession of cocaine and was sentenced to five years' imprisonment. On this direct appeal from that conviction, the appellant claims a violation of Batson v.Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and Ex parte Branch, 526 So.2d 609 (Ala. 1987).

I

The jury venire contained 31 members, 9 of whom were black. The prosecution used 7 of its 10 peremptory strikes against black veniremembers. Two members of the jury were black. The trial court stated that the black population in the county was "something like" 35% or…