Akin v. State

This ease involves a Batson issue.1 The State of Alabama, in its petition for the writ of certiorari, contends that the Court of Criminal Appeals erred in requiring the trial court to hold an evidentiary hearing to determine whether the defendant had established a prima facie case of racial discrimination based upon the prosecution’s exercise of peremptory strikes when selecting the jury. See Akin v. State, 668 So.2d 74 (Ala.Crim. App.1995). The State argues that the defendant’s Batson motion was untimely and, therefore, that the issue was not preserved for review. I agree with the State’s…