Legal Opinion · Dissent

State v. Johnson

Missouri Court of Appeals

Decided March 13, 2007No. ED 87550Published

1DissentGeorge W. Draper Iii, Presiding Judge

I respectfully dissent from the majority’s opinion regarding its analysis of Mar-low Johnson’s (hereinafter, “Johnson”) Batson challenge. I would vote to reverse the trial court’s ruling regarding the first *386point on appeal and grant Johnson a new trial.

In his first point on appeal, Johnson alleges the trial court erred in overruling his objection to the State’s peremptory strike of Venireperson Lockhart, an African-American. Johnson believes the State’s strike was motivated by race and thereby denied Venireperson Lockhart’s right to equal protection under the law. Johnson argues the State…

2Cases cited14 opinions

  1. Powers v. OhioSupreme Court of the United States · 1991
  2. State v. AntwineSupreme Court of Missouri · 1987
  3. State v. GrimSupreme Court of Missouri · 1993
  4. State v. ParkerSupreme Court of Missouri · 1992
  5. State v. EdwardsSupreme Court of Missouri · 2003

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