Opinion
CR 90-1338.
November 27, 1991.
Appeal from Elmore Circuit Court, Steve Drinkard, Judge.
Habib O. Yazdtchi, Montgomery, for appellant.
James H. Evans, Atty. Gen., and Robert Ward, Asst. Atty. Gen., for appellee.
Affirmed by unpublished memorandum.
I have previously taken the position that the removal of veniremembers on the basis of gender discrimination is prohibited under state law. Daniels v. State, 581 So.2d 536, 540-41 (Ala.Cr.App. 1991) (Bowen, J., concurring in part and dissenting in part), cert. denied, 581 So.2d 541 (Ala. 1991). I continue to adhere to that position, see Murphy v. State, [Ms. CR 90-648, October 11, 1991], 1991 WL 238101 (Ala.Cr.App. 1991), and therefore dissent from that part of the majority opinion that concludes otherwise. See also Ex parte Fisher, 587 So.2d 1039 (Ala. 1991) (Maddox, J., dissenting); Ex parte Dysart, 581 So.2d 545, 54647 (Ala. 1991) (Maddox, J., dissenting).
Reporter of Decisions' note: The Court of Criminal Appeals released no opinion in this case. Three judges of the court affirmed the judgment of the circuit court by an unpublished "memorandum."
PATTERSON, P.J., and TAYLOR and McMILLAN, JJ., concur.