Summary
In State v. Carr, 261 Ga. 845 (413 S.E.2d 192) (1992), we affirmed the denial of the State's motion, made pursuant to Batson v. Kentucky, 476 U.S. 79 (106 S.C. 1712, 90 L.Ed.2d 69) (1986), to require the defendant, an African-American, to articulate race-neutral reasons for using 15 peremptory strikes to remove 15 white persons from the jury.
Summary of this case from State v. CarrOpinion
S91A1595.
DECIDED FEBRUARY 6, 1992.
Composition of jury; constitutional question. Jefferson Superior Court. Before Judge Hartley.
Richard A. Malone, District Attorney, William S. Askew, Assistant District Attorney, for appellant.
Maloy Jenkins, W. Bruce Maloy, Mary E. Erickson, Michael J. Moses, for appellee.
Willie J. Carr, a black man, was indicated for drug-related offenses. In striking the jury to try his case, Carr used 15 peremptory strikes to remove 15 white persons from the jury panel. The state used two peremptory strikes to remove two black persons from the panel. The jury selected to try Carr's case consisted of 11 black persons and one Hispanic person.
The state then moved under Batson v. Kentucky, 476 U.S. 79 ( 106 S.C. 1712, 90 L.Ed.2d 69) (1986), to require the defendant to articulate race-neutral grounds for striking all white persons from the jury. The trial court denied this motion, and we granted the state's application for interlocutory appeal.
Subsequently this court decided State v. McCollum, 261 Ga. 473 ( 405 S.E.2d 688) (1991), in which we declined to prohibit a criminal defendant from exercising peremptory challenges to jurors on the basis of race. Because McCollum controls the case before us, the judgment of the trial court is affirmed.
Judgment affirmed. Clarke, C. J., Weltner, P. J., and Bell, J., concur; Fletcher, J., concurs specially; Hunt and Benham, JJ., dissent.
DECIDED FEBRUARY 6, 1992.
In State v. McCollum, 261 Ga. 473 ( 405 S.E.2d 688), cert. granted, ( 112 S.C. 370) (1991), a majority of this court refused to apply the United States Supreme Court's decision in Edmonson v. Leesville Concrete Co., ___ U.S. ___ ( 111 S.C. 2077, 114 L.Ed.2d 660) (1991) to defendants in criminal actions. Edmonson held that the process of jury selection in civil actions constitutes state action and, consequently, that the equal protection component of the Fifth Amendment's Due Process Clause prohibits both parties in a civil action from exercising their peremptory jury strikes in a racially discriminatory manner.
The United States Supreme Court has subsequently granted the State of Georgia's application for a writ of certiorari in McCollum. Because that writ was issued to decide the very question that is presented by the present action, I concur specially to the majority's decision in order to preserve the status quo pending the United States Supreme Court's decision in McCollum.
I am of the opinion that the direction which the United States Supreme Court will choose to take in McCollum will be that which is set forth in my dissenting opinion in McCollum.
For the reasons outlined in my dissent in State v. McCollum, 261 Ga. 473 ( 405 S.E.2d 688) (1991), I respectfully dissent.