Opinion
43926.
DECIDED JANUARY 28, 1987.
Certiorari to the Court of Appeals of Georgia — 180 Ga. App. 263.
Spencer Lawton, Jr., District Attorney, Jeffrey S. Hendrix, Assistant District Attorney, for appellant.
Michael G. Schiavone, Kermit S. Dorough, Jr., for appellee.
We granted certiorari to the Court of Appeals' opinion in Mincey v. State, 180 Ga. App. 263 ( 349 S.E.2d 1) (1986) to consider whether Batson v. Kentucky, 476 U.S. ____ ( 106 S.Ct. 1712, 90 L.Ed.2d 69) (1986) should be applied retroactively to cases pending on appeal or not final at the time Batson was decided. The United States Supreme Court has answered the question in favor of retroactivity. Griffith v. Kentucky, 55 USLW 4089 (___ U.S. ___), decided January 13, 1987. The Court of Appeals' opinion was in agreement.
Judgment affirmed. All the Justices concur.