State v. Beach

WEBB, Justice.

The defendant first contends there is reversible error because the State exercised its peremptory challenges to remove persons from the jury only because they were black. In Batson v. Kentucky, 476 U.S. 79, 90 L. Ed. 2d 69 (1986), the United States Supreme Court overruled Swain v. Alabama, 380 U.S. 202, 13 L. Ed. 2d 759, rehearing denied, 381 U.S. 921, 14 L. Ed. 2d 442 (1965), and held a defendant can make aprima facie case of purposeful discrimination in the selection of the petit jury on evidence concerning the prosecutor’s exercise of peremptory challenges. The Court said:

To…