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EX PARTE RIGGS

Supreme Court of Alabama.
Feb 23, 1990
Important Paras
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ALMON, Justice.

WRIT DENIED.

HORNSBY, C.J., and MADDOX, JONES, SHORES, HOUSTON, STEAGALL and KENNEDY, JJ., concur.

ADAMS, J., concurs specially.

ADAMS, Justice (concurring specially).

I concur specially in denying this petition for writ of certiorari, because the defense in a Batson-type case should at least attempt to make a record showing that the so-called race-neutral reasons given by the prosecution are a mere sham or a pretext to disguise true racial discrimination. In my opinion, the defense in the ordinary case should attempt to build a record along these lines. The defense here did not do so, and for that reason, I do not believe a Batson violation has been made out. In Ex parte Branch, 526 So.2d 609 (Ala. 1987), we set forth in detail what the defense could do to discredit the prosecution's so-called race-neutral reasons given for striking a venire member. We intended our discussion to be fairly exhaustive, and the defense in this case did not follow these suggestions.