State v. Casey

HOWELL, Chief Judge:

Howard Casey was convicted of driving under the influence (DUI). He appeals the trial court’s denial of his Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), motion challenging five of the State’s peremptory strikes. We affirm.

I

At the close of jury selection, Casey moved under Batson to challenge the State’s exercise of all of its peremptory strikes against male venirepersons. At the hearing on Casey’s motion, the court asked the solicitor to provide a “sex neutral reason” for the challenges. The solicitor stated that three of the males (Nos. 7, 215,…