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Ex Parte Pilot

Supreme Court of Alabama
Oct 23, 1992
607 So. 2d 311 (Ala. 1992)

Opinion

1911116.

October 23, 1992.

Petition for writ of Certiorari to the Court of Criminal Appeals (CR 90-370). Appeal from the Mobile Circuit Court, No. CC-90-1530, Ferrill D. McRae, Judge.

Jim Zeigler, Mobile, for petitioner.

James H. Evans, Atty. Gen., and Ed Carnes, Asst. Atty. Gen., and Chris N. Galanos, Dist. Atty., Mobile, for respondent.


The issue presented by this petition for the writ of certiorari is whether the standard of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), applies to a defendant in a criminal case. The Court of Criminal Appeals held that it does. 607 So.2d 306. Because the United States Supreme Court has recently answered this question in the affirmative, we affirm.

On June 18, 1992, the day after we granted review in this case, the United States Supreme Court released Georgia v. McCollum, ___ U.S. ___, 112 S.Ct. 2348, 120 L.Ed.2d 33 (1992). In McCollum, the Court, faced with the identical issue, held:

"[T]he Constitution prohibits a criminal defendant from engaging in purposeful discrimination on the ground of race in the exercise of peremptory challenges. Accordingly, if the State demonstrates a prima facie case of racial discrimination by the defendants, the defendants must articulate a racially neutral explanation for peremptory challenges."

___ U.S. at ___, 112 S.Ct. at 2359, 120 L.Ed.2d at 51.

McCollum forecloses Pilot's argument and requires that we affirm the judgment of the Court of Criminal Appeals.

AFFIRMED.

HORNSBY, C.J., and SHORES, HOUSTON and KENNEDY, JJ., concur.


Summaries of

Ex Parte Pilot

Supreme Court of Alabama
Oct 23, 1992
607 So. 2d 311 (Ala. 1992)
Case details for

Ex Parte Pilot

Case Details

Full title:Ex parte Daniel Amos PILOT. (Re Daniel Amos Pilot, v. State)

Court:Supreme Court of Alabama

Date published: Oct 23, 1992

Citations

607 So. 2d 311 (Ala. 1992)

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