Mathews v. State

Terry Mathews was convicted for the unlawful possession of phenobarbital and was sentenced to four years' imprisonment. Two issues are raised on this appeal from that conviction.

I

Mathews argues that the prosecutor's use of peremptory strikes in selecting a jury violated his constitutional rights under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712,90 L.Ed.2d 69 (1986). This case was tried after Batson but before Ex parte Branch, 526 So.2d 609 (Ala. 1987).

Immediately after the jury had been selected, the parties retired to the judge's chambers, where defense counsel requested a mistrial.…