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10/21/94 CARVIN STARGELL v. STATE

October 21, 1994

CARVIN STARGELL
v.
STATE



Appeal from Jefferson Circuit Court. (CC-92-791). Dan Reynolds, TRIAL JUDGE.

Rule 39(k) Motion Denied August 18, 1995. Rehearing Denied August 18, 1995. Certiorari Denied December 22, 1995. Released for Publication May 3, 1996.

McMILLAN

The opinion of the court was delivered by: Mcmillan

McMILLAN, JUDGE

The appellant was convicted on two counts of capital murder. See § 13A-5-40(a)(10), Code of Alabama 1975. He was sentenced to life imprisonment without parole on each count.

The appellant argues that the trial court erred in denying his motion based on Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Specifically, he argues that he established a prima facie case of racial discrimination when he demonstrated that the State struck four of the nine black veniremembers.

The following colloquy took place between defense counsel and the trial court:

"THE COURT: All right. Gentlemen, strikes have been exercised. Again, we have not during voir dire, we have not identified jurors by race or sex. It's pretty obvious from their names as to sex. But we have not identified them by race as far as voir dire.

"My observations are though at the time we commenced the exercise of peremptory challenges we had 36 jurors available. And of that number there were nine black jurors, is that correct?

"[Defense counsel]: Yes, sir.

"THE COURT: The State exercised 12 peremptory challenges, and of those 12 they excused 4 black jurors. The defense exercised 12 peremptory challenges and of those they exercised -- 2 were used to remove black jurors.

"The current make-up of the 12 primary jurors now is 9 white and 3 black jurors with 2 white female alternate jurors seated, but not on the jury that is the primary jury, is that a fair statement of the statistics so to speak?

"[Defense counsel]: Yes, sir.

"THE COURT: Does the defendant want to be heard in regard to the State's exercise of ...


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