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09/09/94 ISAIAH KNIGHT v. STATE

September 9, 1994

ISAIAH KNIGHT
v.
STATE



Appeal from Houston Circuit Court. (CC-92-684). Michael Crespi, TRIAL JUDGE.

Rule 39(k) Motion Denied October 21, 1994. Rehearing Denied October 21, 1994. Certiorari Denied January 6, 1995. Released for Publication April 1, 1995.

Taylor

The opinion of the court was delivered by: Taylor

ON RETURN TO REMAND

TAYLOR, JUDGE

The appellant, Isaiah Knight, was convicted of murder, a violation of § 13A-6-2, Code of Alabama 1975. He was sentenced to life in prison. After the United States Supreme Court released its opinion in J.E.B. v. Alabama, ___ U.S. ___, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994), holding that Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), extended to gender-based peremptory strikes, we remanded this case so that a Batson hearing could be held. Knight v. State, 652 So.2d 769 (Ala. Cr. App. 1994).

The appellant argued that males were struck from his venire for discriminatory reasons violative of Batson. The record reflects that the state struck five out of six black males from the venire. The prosecution gave the following reasons for striking the five males from the jury.

Prospective juror 56 - Stated in voir dire that defense counsel had successfully defended his brother in a criminal case.

Prospective juror 47 - Knew the defendant and had worked with him for approximately four years.

Prospective juror 38 - Had been charged with, or convicted of, public intoxication.

Prospective juror 41 - Was unemployed and was approximately the same age as the defendant.

Prospective juror 3 - Had been arrested for theft of property.

The court denied the Batson motion.

The reason for striking prospective juror number 56 did not violate Batson. This juror's brother had in the past been represented by defense counsel. Ward v. State, 539 So.2d 407, 408 (Ala. Cr. App. 1988) (juror struck ...


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