State v. Ellison, 841 S.W.2d 824 (Tenn. 1992). · Go Syfert
State v. Ellison, 841 S.W.2d 824 (Tenn. 1992). Cases Citing This Book View Copy Cite
93 citation events (62 in the last 25 years) across 5 distinct courts.
Strongest positive: State of Tennessee v. Howard Thomas (tenncrimapp, 2005-03-30)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State of Tennessee v. Howard Thomas (2×) also: Cited as authority (rule)
Tenn. Crim. App. · 2005 · signal: see also · quote attribution · 1 verbatim quote · confidence high
finding that the exclusion of one minority venire person can constitute a prima facie case is consistent with the principle set out in batson.
discussed Cited as authority (rule) State of Tennessee v. John Champion
Tenn. Crim. App. · 2026 · confidence medium
“Because the core issue is the [proponent’s] discriminatory intent, or lack thereof, the trial court’s finding ‘largely will turn on evaluation of credibility.’” State v. Ellison, 841 S.W.2d 824, 827 (Tenn. 1992) (quoting Batson, 476 U.S. at 98, n.21 ).
discussed Cited as authority (rule) State of Tennessee v. Roosevelt Pitts, III (2×)
Tenn. Crim. App. · 2023 · confidence medium
Additionally, “the exercise of even one peremptory challenge in a purposefully discriminatory manner would violate equal protection.” State v. Ellison, 841 S.W.2d 824, 827 (Tenn. 1992).
discussed Cited as authority (rule) Corinio Pruitt v. State of Tennessee
Tenn. Crim. App. · 2022 · confidence medium
“Because the core issue is the prosecutor’s discriminatory intent, or lack thereof, the trial court’s finding ‘largely will turn on evaluation of credibility.’” State v. Ellison, 841 S.W. 2d 824, 827 (Tenn. 1992) (quoting Batson, 476 U.S. at 98 ).
discussed Cited as authority (rule) State of Tennessee v. Quentin Dean Bird (2×) also: Cited "see, e.g."
Tenn. Crim. App. · 2022 · confidence medium
A defendant establishes a prima facie case of purposeful discrimination by showing that the State “excluded members of a cognizable racial group from the jury pool.” State v. Echols, 382 S.W.3d 266, 281-82 (Tenn. 2012); State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992); see Powers v. Ohio, 499 U.S. 400, 416 (1991).
discussed Cited as authority (rule) State of Tennessee v. Robert Brooks
Tenn. Crim. App. · 2021 · confidence medium
Id.; State v. Smith, 893 S.W.2d 908, 914 (Tenn. 1994). “[T]he exercise of even one peremptory challenge in a purposefully discriminatory manner would violate equal protection.” State v. Ellison, 841 S.W.2d 824, 827 (Tenn. 1992).
cited Cited as authority (rule) State v. Williams
Ohio Ct. App. · 2021 · confidence medium
White at 436 , quoting State v. Ellison, 841 S.W.2d 824, 827 (Tenn.1992).
examined Cited as authority (rule) State of Tennessee v. Stephen Maurice Mobley (3×) also: Cited "see", Cited "see, e.g."
Tenn. Crim. App. · 2021 · confidence medium
Furthermore, “the exercise of even one peremptory challenge in a purposefully discriminatory manner would violate equal protection.” State - 24 - v. Ellison, 841 S.W.2d 824, 827 (Tenn. 1992) (concluding that Batson applied even though only one member of the venire belonged to the cognizable racial group).
discussed Cited as authority (rule) State of Tennessee v. Precious Briana Horton
Tenn. Crim. App. · 2020 · confidence medium
Furthermore, “the exercise of even one peremptory challenge in a purposefully discriminatory manner would violate equal protection.” State v. Ellison, 841 S.W.2d 824, 827 (Tenn. 1992) (concluding that Batson applied even though only one member of the venire belonged to the cognizable racial group).
discussed Cited as authority (rule) State of Tennessee v. Joan Odell (2×) also: Cited "see"
Tenn. Crim. App. · 2019 · confidence medium
Furthermore, “the exercise of even one peremptory challenge in a purposefully discriminatory manner would violate equal protection.” State v. Ellison, 841 S.W.2d 824, 827 (Tenn. 1992) (concluding that Batson applied even though only one member of the venire belonged to the cognizable racial group).
discussed Cited as authority (rule) State of Tennessee v. Tommy Lee Collins, Jr. (2×) also: Cited "see, e.g."
Tenn. Crim. App. · 2017 · confidence medium
The Defendant’s argument, which we address below, pertains only to the third portion of the Batson analysis, the court’s determination relative to the credibility of the prosecutor’s explanation. -16- a prima facie case of purposeful discrimination by showing that the State “excluded members of a cognizable racial group from the jury pool.” State v. Echols, 382 S.W.3d 266, 281-82 (Tenn. 2012); State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992); see Powers v. Ohio, 499 U.S. 400, 416 (1991).
discussed Cited as authority (rule) State of Tennessee v. Ethan Alexander Self
Tenn. Crim. App. · 2016 · confidence medium
A defendant establishes a prima facie case of purposeful discrimination by showing that the State “excluded members of a cognizable racial group from the jury pool.” State v. Echols, 382 S.W.3d 266, 281-82 (Tenn. 2012); State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992); see also Powers v. Ohio, 499 U.S. 400, 416 (1991).
cited Cited as authority (rule) Quinton Sanders v. State of Tennessee
Tenn. Crim. App. · 2016 · confidence medium
State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992) (citing Batson, 476 U.S. at 97 ).
discussed Cited as authority (rule) State of Tennessee v. Brenda Woods
Tenn. Crim. App. · 2012 · confidence medium
This explanation “must be based on something more than stereotypical assumptions, but it need not rise to the level required to justify the exercise of a challenge for cause.” State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992) (citing Batson, 476 U.S. at 97 ).
discussed Cited as authority (rule) State v. Darrick Watkins
Tenn. Crim. App. · 2010 · confidence medium
Ohio , 449 U.S. 400 (1991), the Court deleted the requirement that the defend ant and th e exclud ed poten tial juror be of the sam e race. -6- antipathy to the prosecution, see State v. Ellison, 841 S.W.2d 824, 827 (Tenn. 1992); Brown, 915 S.W.2d at 9 ; Butler, 795 S.W.2d at 687 .
cited Cited as authority (rule) State of Tennessee v. Lavern \Von\" Geanes"
Tenn. Crim. App. · 2010 · confidence medium
State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992) (citing Batson, 476 U.S. at 97 ).
cited Cited as authority (rule) State of Tennessee v. Gerald McEwen
Tenn. Crim. App. · 2010 · confidence medium
State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992) (citing Batson, 476 U.S. at 97 ).
discussed Cited as authority (rule) State of Tennessee v. Torian Dillard
Tenn. Crim. App. · 2006 · confidence medium
This explanation “must be based on something more than stereotypical assumptions, but it need not rise to the level required to justify the exercise of a challenge for cause.” State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992) (citing -9- Batson, 476 U.S. at 97 , 106 S. Ct. at 1723 ).
discussed Cited as authority (rule) State v. Hugueley (2×)
Tenn. · 2006 · confidence medium
"Because the core issue is the prosecutor's discriminatory intent, or lack thereof, the trial court's finding `largely will turn on evaluation of credibility.'" State v. Ellison, 841 S.W.2d 824, 827 (Tenn.1992) (quoting Batson, 476 U.S. at 98 n. 21, 106 S.Ct. 1712 ).
discussed Cited as authority (rule) Timothy Tyrone Sanders v. State of Tennessee
Tenn. Crim. App. · 2005 · confidence medium
State v. Ellison, 841 S.W.2d 824, 827 (Tenn. 1992) (citing Batson, 476 U.S. at 97 ). “[T]he defendant is entitled to rely on the fact, as to which there can be no dispute, that peremptory challenges constitute a jury selection practice that permits those to discriminate who are of a mind to discriminate.” Batson, 476 U.S. at 96 .
cited Cited as authority (rule) State of Tennessee v. Thaddaeus Medford
Tenn. Crim. App. · 2004 · confidence medium
State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992) (citing Batson, 476 U.S. at 97 ).
discussed Cited as authority (rule) State of Tennessee v. Stephen Massey, a/k/a Stephania
Tenn. Crim. App. · 2003 · confidence medium
“This explanation must be based on something more than stereotypical assumptions, but it need not rise to the level required to justify the exercise of a challenge for cause.” State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992) (citing Batson, 476 U.S. at 97 , 106 S. Ct. at 1723 ).
discussed Cited as authority (rule) Benjamin Blackwell v. State of Tennessee
Tenn. Crim. App. · 2003 · confidence medium
We note that “[b]ecause the core issue is the prosecutor’s discriminatory intent, or lack thereof, the trial court’s finding ‘largely will turn on evaluation of credibility.’” State v. Ellison, 841 S.W.2d 824, 827 (Tenn. 1992) (quoting Batson, 476 U.S. at 98 n. 21, 106 S. Ct. 1724 n. 21). “[O]n appeal, the trial court’s finding that the State excused a venire member for race-neutral reasons will not be reversed unless it is clearly erroneous.” State v. Carroll, 34 S.W.3d 317, 320 (Tenn. Crim.
cited Cited as authority (rule) State of Tennessee v. Theddaeus Medford
Tenn. Crim. App. · 2003 · confidence medium
State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992) (citing Batson, 476 U.S. at 97 ).
discussed Cited as authority (rule) State of Tennessee v. Donald Johnson, Jr.
Tenn. Crim. App. · 2001 · confidence medium
State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992) (citing Batson, 476 U.S. at 97 ). 2 Although defendant contends in his statement that the shooting was accide ntal, this would b e no defen se to first degree m urder in pe rpetration o f robbery.
cited Cited as authority (rule) State v. Cecil L. Groomes
Tenn. Crim. App. · 2000 · confidence medium
Batson, 476 U.S. at 98 n.21; State v. Smith, 893 S.W.2d 908, 914 (Tenn. 1994); State v. Ellison, 841 S.W.2d 824, 827 (Tenn. 1992).
cited Cited as authority (rule) State v. Charles Eddie Hartman
Tenn. Crim. App. · 2000 · confidence medium
State v. Ellison, 841 S.W.2d 824, 827 (Tenn. 1992).
cited Cited as authority (rule) State v. Shawn R. Cotton
Tenn. Crim. App. · 1999 · confidence medium
Batson 476 U.S. at 93-94 , 106 S. Ct. at 1721 ; State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992).
discussed Cited as authority (rule) Woods v. Herman Walldorf & Co., Inc.
Tenn. Ct. App. · 1999 · confidence medium
Our Supreme Court has clearly held that “the exercise of even one peremptory challenge in a purposefully discriminatory manner would violate equal protection.” State v. Ellison, 841 S.W.2d 824, 827 (Tenn.1992); accord State v. Graham, 1998 WL 226091 , No. 03C01-9707-CC-00314 (Tenn.Cr.App.
discussed Cited as authority (rule) State of Tennessee v. Ricky Krantz
Tenn. Crim. App. · 1998 · confidence medium
The state’s explanation “must be based on more than stereotypical assumptions, but it need not rise to the level required to justify the exercise of a challenge for cause.“ State v. Ellison 841 S.W.2d 824, 826 (Tenn. 1992); Batson, 476 U.S. at 97 , 106 S. Ct. at 1723 .
cited Cited as authority (rule) State v. Jerry Blaylock
Tenn. Crim. App. · 1997 · confidence medium
However, we point out that the exercise of “even one peremptory challenge in a purposefully discriminatory manner would violate equal protection.” State v. Ellison, 841 S.W.2d 824, 827 (Tenn. 1992).
discussed Cited as authority (rule) State v. Mario Gutierrez
Tenn. Crim. App. · 1997 · confidence medium
The defendant must present a prima facie case of racial discrimination by sho wing that the totality of the relevant facts surrounding the questioned peremptory challenge gives rise to an inference of discriminatory purpos e. Batson, 476 U.S . at 94; State v. Ellison, 841 S.W.2d 824, 825 (Tenn. 1992).
cited Cited "see" State of Tennessee v. Timothy W. Sparrow
Tenn. Crim. App. · 2013 · signal: see · confidence high
See State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992).
cited Cited "see" State of Tennessee v. Travis Kinte Echols
Tenn. Crim. App. · 2011 · signal: see · confidence high
See State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992).
cited Cited "see" State v. Graham
Tenn. Crim. App. · 2010 · signal: see · confidence high
See State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992).
cited Cited "see" State of Tennessee v. Craig O. Majors
Tenn. Crim. App. · 2010 · signal: see · confidence high
See State v. Smith, 893 S.W.2d 908, 914 (Tenn.1994) (citing State v. Ellison, 841 S.W.2d 824, 827 (Tenn. 1992)), cert. denied 516 U.S. 829 (1995)).
discussed Cited "see" State of Tennessee v. Jerry W. Jordan (2×)
Tenn. Crim. App. · 2001 · signal: see · confidence high
See State v. Smith, 893 S.W.2d 908, 914 (Tenn.1994) (citing State v. Ellison, 841 S.W.2d 824, 827 (Tenn.1992)), cert. denied, 516 U.S. 829 , 116 S.Ct. 99 , 133 L.Ed.2d 53 (1995).
cited Cited "see" State v. Carl Preston Durham
Tenn. Crim. App. · 2000 · signal: see · confidence high
See State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992).
cited Cited "see" State v. Keen
Tenn. · 2000 · signal: see · confidence high
See State v. Smith, 893 S.W.2d 908, 914 (Tenn.1994), cert. denied, 516 U.S. 829 , 116 S.Ct. 99 , 133 L.Ed.2d 53 (1995) (citing State v. Ellison, 841 S.W.2d 824, 827 (Tenn.1992)).
cited Cited "see" State v. Keen
Tenn. · 2000 · signal: see · confidence high
See State v. Smith, 893 S.W.2d 908, 914 (Tenn. 1994), cert. denied, 516 U.S. 829 , 116 S.Ct. 99 (1995) (citing State v. Ellison, 841 S.W.2d 824, 827 (Tenn. 1992)).
cited Cited "see" State v. David Keen
Tenn. Crim. App. · 1999 · signal: see · confidence high
See State v. Smith, 893 S.W.2d 908, 914 (Tenn. 1994), cert. denied, 516 U.S. 829 , 116 S.Ct. 99 (1995) (citing State v. Ellison, 841 S.W.2d 824, 827 (Tenn. 1992)).
cited Cited "see" State of Tennessee v. Willie D. Graham - Concurring
Tenn. Ct. App. · 1998 · signal: see · confidence high
See State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992).
cited Cited "see" State v. James Hathaway
Tenn. Crim. App. · 1997 · signal: see · confidence high
See State v. Smith, 893 S.W.2d 908, 914 (Tenn. 1994), cert. denied, -- U.S. --, 116 S.Ct. 996 (1995) (citing State v. Ellison, 841 S.W.2d 824, 827 (Tenn. 1992)).
cited Cited "see" State v. Moates
Tenn. Crim. App. · 1997 · signal: see · confidence high
See State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992).
discussed Cited "see" Woodson v. Porter Brown Limestone Co.
Tenn. · 1996 · signal: see · confidence high
See State v. Ellison, 841 S.W.2d 824, 827 (Tenn.1992); Faison v. Hudson, 243 Va. 397 , 417 S.E.2d 305, 308 (1992); In re of A.D.E., 880 S.W.2d 241, 243 (Tex.App.1994); but see United States v. Sangineto-Miranda, 859 F.2d 1501, 1521 (6th Cir.1988). 2 .
discussed Cited "see" State v. Smith (2×)
Tenn. · 1994 · signal: see · confidence high
See State v. Ellison, 841 S.W.2d 824, 827 (Tenn.1992).
discussed Cited "see, e.g." State of Tennessee v. Shundarius Turner
Tenn. Crim. App. · 2024 · signal: see also · confidence medium
Woodson, 916 S.W.2d at 906 ; see also State v. Smith, 893 S.W.2d 908, 914 (Tenn. 1994). “[T]he exercise of even one - 34 - peremptory challenge in a purposefully discriminatory manner would violate equal protection.” State v. Ellison, 841 S.W.2d 824, 827 (Tenn. 1992).
cited Cited "see, e.g." State of Tennessee v. Travis Kinte Echols
Tenn. · 2012 · signal: see also · confidence medium
See also State v. Ellison, 841 S.W.2d 824, 826 (Tenn.1992).
cited Cited "see, e.g." State of Tennessee v. Stephen Lynn Hugueley
Tenn. Crim. App. · 2005 · signal: see also · confidence medium
See also State v. Ellison, 841 S.W.2d 824, 826 (Tenn. 1992).
Retrieving the full opinion text from the archive…
STATE of Tennessee, Appellant,
v.
William ELLISON, Appellee
Tennessee Supreme Court.
Nov 9, 1992.
841 S.W.2d 824
1992 Tenn. LEXIS 607
Charles W. Burson, Atty. Gen. and Reporter, John B. Nisbet, II, Asst. Atty. Gen., Nashville, Alfred C. Schmutzer, Jr., Dist. Atty. Gen., Gregory Scott Green, Asst. Atty. Gen., Sevierville, for appellant., Tim S. Moore, James McSween, III, Newport, for appellee.
Daughtrey, Reid, Drowota, O'Brien, Anderson.
Cited by 53 opinions  |  Published

OPINION

DAUGHTREY, Justice.

On application of the state, we granted review in this case to determine the appropriate relief for a violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).

The defendant, William Ellison, was charged with two counts of the sale of cocaine. His case was tried in May 1990. During jury selection, defense counsel made a timely objection to the state’s use of a peremptory challenge to strike the only black member of the jury venire. Citing Batson, the trial court ruled that Ellison lacked standing to challenge the propriety of the prosecution’s action, because he and the excluded venireperson were not of the same race.

Following Ellison’s conviction on both charges, he appealed and raised the Batson issue before the Court of Criminal Appeals. That court held that, in light of the United States Supreme Court’s subsequent opinion in Powers v. Ohio, — U.S.-, 111 S.Ct. 1364, 113 L.Ed.2d 411 (1991), the trial court’s ruling on standing was in error and, further, that a new trial was required to correct that error. The state appealed the question of appropriate relief, which is now before us for determination.

The development of federal constitutional law in this area traces back to Swain v. Alabama, 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759 (1965). In that case, the United States Supreme Court held for the first time that prosecutors could not use peremptory challenges deliberately to exclude prospective jurors on account of their race. The Court found that racially-motivated exclusions denied a criminal defendant equal protection of the law, in violation of the Fourteenth Amendment to the United States Constitution. Id. at 204, 85 S.Ct. at 826. Under Swain, however, a defendant could prove purposeful discrimination only by demonstrating that the prosecutor had systematically used peremptory challenges against black venirepersons over a period of time. Id. at 227, 85 S.Ct. at 839.

Hailed at the time for recognizing that the sanctity of the peremptory challenge must give way in the face of racially-imbalanced juries, the Supreme Court ultimately recognized in addition that the Swain approach was too cautious to solve the problem of racial discrimination in the selection of juries in criminal cases. As a result, in its 1986 decision in Batson v. Kentucky, the Court lessened the evidentiary burden established in Swain, so that a defendant could make a prima facie case of purposeful discrimination without proving a past pattern of abuse, but could rely instead on evidence relating to the prosecutor’s exercise of peremptory challenges at the defendant’s trial. Batson, 476 U.S. at 96, 106 S.Ct. at 1722.

In order to establish a prima facie case of purposeful discrimination, the Batson court required the defendant to satisfy a three-part test. As a threshold matter, the defendant had to show that he was a member of a “cognizable racial group” and that the prosecutor had exercised peremptory challenges to exclude prospective jurors of the defendant’s race. Id. Second, to prove the purposeful nature of the prosecutor’s action, the Batson court allowed the defendant to “rely on the fact, as to which there can be no dispute, that peremptory chai-[*826] lenges constitute a jury selection practice that permits ‘those to discriminate who are of a mind to discriminate.’ ” Id. (quoting Avery v. Georgia, 345 U.S. 559, 562, 73 S.Ct. 891, 892, 97 L.Ed. 1244 (1953)). Third, the defendant must show that these facts and “any other relevant circumstances” raised an inference that the prosecutor had used peremptory challenges to exclude potential jurors “on account of their race.” Batson, 476 U.S. at 96, 106 S.Ct. at 1723. According to Batson, once the defendant has met this three-part test and has thereby established a prima facie case of purposeful discrimination, the burden shifts to the prosecution to prove a racially-neutral reason for excusing the jurors in. question. Id. This explanation must be based on something more than stereotypical assumptions, but it need not rise to the level required to justify the exercise of a challenge for cause. Id. at 97, 106 S.Ct. at 1723.

Finally, Batson requires the trial court to weigh the evidence presented by both sides and decide whether the prosecution engaged in purposeful discrimination, in violation of the defendant’s equal protection rights. Id. at 98, 106 S.Ct. at 1724. If the trial court determines that the facts establish a prima facie case of purposeful discrimination and the prosecutor does not come forward with a neutral explanation, the defendant’s conviction must be reversed. Id. at 100, 106 S.Ct. at 1725.

Between the date of the defendant's trial in May 1990 and the submission of the case to the Court of Criminal Appeals a year later, the United States Supreme Court modified Batson by eliminating the requirement that the defendant and any wrongfully excluded jurors must be of the same race. Powers v. Ohio, — U.S.—, —, 111 S.Ct. 1364, 1373, 113 L.Ed.2d 411 (1991). In reaching its conclusion, the Court reasoned that even though a criminal defendant of one race has not necessarily been denied equal protection when prospective jurors of another race are excluded from service, an improperly excluded juror of another race is a victim of racial discrimination, and the defendant has third-party standing to raise the equal protection rights of the excluded juror. Powers, — U.S. at—, 111 S.Ct. at 1373. [1] Hence, under Powers, “race is irrelevant to a defendant’s standing to object to the discriminatory use of peremptory challenges,” id., and the defense can establish a prima facie case by showing that the prosecution used its peremptory challenges to exclude members of the venire who are of a cognizable racial group.

Applying Batson and Powers to the facts in this case, [2] we conclude that the Court of Criminal Appeals was correct in holding that in light of subsequent events, the trial court’s ruling on the defendant’s standing to raise a Batson challenge cannot be sustained. However, we cannot agree with the intermediate court’s ruling that the record in this case conclusively supports the necessity of retrial. The appropriate remedy here, as with any alleged Batson violation, is to remand the case to the trial court for a hearing limited to that issue. At the Batson hearing, defendant Ellison should be given the opportunity to proceed with his efforts to prove a violation, and the state should be allowed to explain the reason for its exclusion of the juror in question. See State v. Bell, 745 S.W.2d 858, 867 (Tenn.1988). The trial court must then decide whether there has been purposeful racial discrimination in the state’s exercise of its peremptory challenge. Id.

We are not unmindful of the concern of the Court of Criminal Appeals that “[sjtaged recreations, attempted long after[*827] the actors have departed and the scenery-moved, rarely precisely recapture the moment.” We thus caution the trial court against acceptance of any explanation that is not fully consistent with the broad reach of equal protection in Batson and Powers. As the United States Supreme Court has noted: “[T]he prosecutor [may not] rebut the defendant’s case merely by denying that he had a discriminatory motive or ‘affirming his good faith’ in the matter.” Batson, 476 U.S. at 98, 106 S.Ct. at 1724 (citing Alexander v. Louisiana, 405 U.S. 625, 632, 92 S.Ct. 1221, 1226, 31 L.Ed.2d 536 (1972)). If these general assertions were accepted as sufficient to rebut a defendant’s prima facie case, the Equal Protection Clause “would be but a vain and illusory requirement.” Id. (citing Norris v. Alabama, 294 U.S. 587, 598, 55 S.Ct. 579, 584, 79 L.Ed. 1074 (1985)). “The prosecutor therefore must articulate a neutral explanation related to the particular case_” Id. (emphasis added).

Because the core issue is the prosecutor’s discriminatory intent, or lack thereof, the trial court’s finding “largely will turn on evaluation of credibility.” Batson, 476 U.S. at 98 n. 21, 106 S.Ct. at 1724 n. 21. As the United States Supreme Court has noted in Hernandez v. New York, — U.S.—,—, 111 S.Ct. 1859, 1869, 114 L.Ed.2d 395 (1991), “[t]here will seldom be much evidence bearing on th[e] issue [of discriminatory intent], and the best evidence often will be the demeanor of the attorney who exercises the challenge.” Nevertheless, a race-neutral reason for the challenge or challenges in question must be supplied, and, as noted above, the attorney’s statement that he or she had no intent to discriminate, without more, will not be sufficient to meet the requirements of Batson. If the passage of time or the lack of an adequate record prevents the prosecution from reconstructing the factual circumstances of the challenged strike, the trial court must grant the defendant a new trial.

Although the United States Supreme Court has indicated that there are no hard and fast rules governing Batson challenges, [3] the following observations may be of some assistance to the trial court on remand. First, even though only one member of the venire in this ease belonged to a “cognizable racial group,” this fortuity does not prevent the defendant from establishing a prima facie case of purposeful discrimination. In light of the United States Supreme Court’s admonition against the use of “peremptory challenges as a mask for race prejudice,” Powers, — U.S. at—, 111 S.Ct. at 1374, we conclude that the exercise of even one peremptory challenge in a purposefully discriminatory manner would violate equal protection. Moreover, “[j]ury service preserves the democratic element of the law, as it guards the rights of the parties and insures continued acceptance of the laws by all of the people.” Powers, — U.S. at —, 111 S.Ct. at 1369. Recognizing this policy consideration, the Supreme Courts of Wisconsin and Arizona have held that a prima facie case of racial discrimination can be established where the prosecutor uses a peremptory challenge to strike the only black member of the venire. State v. Walker, 154 Wis.2d 158, 453 N.W.2d 127, 135-36 (1990), cert. denied, — U.S.—, 111 S.Ct. 397, 112 L.Ed.2d 406 (1990); State v. Bailey, 160 Ariz. 277, 772 P.2d 1130, 1134 (1989). The United States Court of Appeals for the Eleventh Circuit has reached the same conclusion. United States v. Horsley, 864 F.2d 1543, 1546 (11th Cir.1989).

Finding that the exclusion of one minority venireperson can constitute a pri-ma facie case is consistent with the principle set out in Batson. Although the United States Supreme Court noted in that case that a “pattern” of strikes against black jurors can give rise to an inference of discrimination, the Court also stated that proof of a pattern is only one way to establish a prima facie case. Batson, 476 U.S. at 97, 106 S.Ct. at 1723. In order to support an inference of purposeful discrimination under Batson, the defendant may also rely on the prosecutor’s statements and questions during voir dire and during the exercise of his challenges. Id.

[*828] Second, we recognize, as did the United States Supreme Court in Powers, that a prima facie case of racial discrimination may be more difficult to establish if the defendant and the excused potential juror are not of the same race. Powers, — U.S. at—, 111 S.Ct. at 1373-74. Nevertheless, courts have begun examining mixed-race challenges in the wake of Powers, even though the defense has not always succeeded in prevailing on the issue of purposeful discrimination. See, e.g., State v. Hernandez, 63 Ohio St 3d 577, 583, 589 N.E.2d 1310, 1314 (1992) (Hispanic defendant raising Batson challenge for exclusion of black veniremember); Brashear v. State, 90 Md.App. 709, 715, 603 A.2d 901, 904 (1992) (white defendant challenging exclusion of black veniremembers). Based upon our reading of Powers, we can find no reason for not allowing this mixed-race challenge to proceed.

Therefore, we reverse the judgment of the Court of Criminal Appeals and remand this ease to the trial court for a further hearing and for other proceedings, if necessary, in accordance with the directions set out above.

REID, C.J., and DROWOTA, O'BRIEN and ANDERSON, JJ., concur.
1

. The Court found that the defendant has standing for three reasons. First, the discriminatory use of peremptory challenges causes the defendant cognizable injury. Id., at-, 111 S.Ct. at 1371. Second, the defendant is a motivated, effective advocate of the excluded juror’s rights since they both share a common interest in removing racial discrimination from the courtroom. Id. at-, 111 S.Ct. at 1372. Third, the Court found the defendant has third-party standing because the dismissed juror is not likely successfully to assert a claim for a discriminatory dismissal from a venire. Id. at-, 111 S.Ct. at 1373.

2

. Although Powers was decided approximately ten months after this case went to trial, the rule announced in Griffith v. Kentucky requires us to apply Powers retroactively. Griffith, 479 U.S. 314, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987).

3

. See Powers, — U.S. at-, 111 S.Ct. at 1374.