State v. Smith

Goolsby, Judge:

Mack Arthur Smith appeals his conviction for driving under the influence. We affirm.1

At trial, Smith moved to quash the jury panel on the ground that Trooper D.A. Kelley, the officer who was prosecuting the case, struck prospective jurors in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed. (2d) 69 (1986). The magistrate court determined no Batson violation occurred. Following his conviction, Smith appealed to the circuit court, which affirmed the magistrate court conviction.

Smith now argues the magistrate court erred in denying his Batson challenge. We…