Collier v. State

OPINION

BAKER, Judge.

Here, we are reminded of the old adage that it is not only what you say but how you say it. This is precisely why we grant trial courts the responsibility to determine whether a defendant has made his or her case in accordance with Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), which prohibits the exercise of racially discriminatory peremptory challenges. In this case, although the trial court determined that the Batson challenge was met, the defendant’s motion was denied because there was a “fair enough jury” to proceed. Under these circumstances,…