David v. State

I am concerned that certain language in the majority opinion could be construed to require that, in every case, the proponent of a peremptory strike must substantiate its reasons for a particular strike with concrete evidence on the record. While it is doubtless better for the proponent of a strike to come forward with evidence to support the reasons it has proffered for a strike, neither Batson nor its Alabama progeny mandates that the proponent establish evidentiary support for a strike. The majority notes that the prosecutor did not inquire of the veniremembers during voir dire examination…