Smith v. State

ON RETURN TO REMAND

McMILLAN, Judge.

This cause was remanded to the trial court on September 20, 1991, with instructions to make findings of fact regarding the racial composition of the venire and, specifically, the race of those venire-members who were struck by the State. See Smith v. State, 588 So.2d 561 (Ala.Cr.App.1991). The trial court was to determine whether a prima facie case of racial discrimination existed and, if so, to require the prosecutor to come forward with reasons for his strikes of black venire-members. The trial court was then to determine whether these reasons were race…