Berry v. State

PITTMAN, Chief Justice,

for the Court:

¶ 1. This case is before the Court on an appeal prosecuted from the Circuit Court of Chickasaw County, Mississippi, where relief was denied after a January 16, 1998, hearing on the issue of jury selection under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The circuit court filed a written finding of fact on January 28, 1998. The hearing was held pursuant to a remand order after this Court affirmed Berry’s sentence of death on all grounds except for the Batson question. See Berry v. State, 703 So.2d 269 (Miss.1997).

FACTS

¶ 2. Earl…