Freeman II v. State, 594 So. 2d 1300 (Ala. Crim. App. 1991). · Go Syfert
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Freeman II v. State, 594 So. 2d 1300 (Ala. Crim. App. 1991). Cases Citing This Book View Copy Cite
“he facts known to one officer are imputed to other officers working under the same authority.”
4 citation events across 1 distinct court.
Strongest positive: Washington v. State (alacrimapp, 2005-02-25)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (quoted) Washington v. State
Ala. Crim. App. · 2005 · signal: see also · quote attribution · 1 verbatim quote · confidence low
he facts known to one officer are imputed to other officers working under the same authority.
discussed Cited "see, e.g." Washington v. State
Ala. Crim. App. · 2005 · signal: see also · confidence low
See also Freeman v. State, 586 So.2d 1013, 1016 (Ala.Crim.App.), on return to remand, 594 So.2d 1300 (Ala.Crim.App.1991) ("[T]he facts known to one officer are imputed to other officers working under the same authority.”); Parker v. State, 397 So.2d 199, 201 (Ala.Crim.App.1981) ("The knowledge possessed by a superior officer may be imputed to the individual arresting officer in determining whether probable cause existed for the arrest.”); and Robinson v. State, 361 So.2d 379, 382 (Ala.Crim.App.1978) ("The court may evaluate the knowledge of all officers collectively in assessing police jus…
Retrieving the full opinion text from the archive…
Charles Herndon Freeman II
v.
State.
CR-90-471.
Court of Criminal Appeals of Alabama.
Nov 27, 1991.
594 So. 2d 1300
Joe N. Lampley, Huntsville, for appellant. Page 1301 James H. Evans, Atty. Gen., and Margaret S. Childers, Asst. Atty. Gen., for appellee.
Taylor.
Cited by 4 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 61%
Citer courts: Court of Criminal Appeals of A… (1)

ON RETURN TO REMAND

TAYLOR, Judge.

The appellant, Charles Herndon Freeman II was convicted of murder. We remanded this cause so that the trial court could hold a Batson[1] hearing pursuant to the United States Supreme Court’s decision in Powers v. Ohio, — U.S. —, 111 S.Ct. 1364, 113 L.Ed.2d 411 (1991). 586 So.2d 1013. The trial court has filed with this court the transcript of the Batson hearing and its written findings as to whether the black potential jurors that were struck from the jury venire were struck for race-neutral reasons. The trial court made the following findings:

Juror number 13 — Struck because he had a prior conviction for public intoxication.
Juror number 7 — Struck because she had a conviction for issuing a worthless check.
Juror number 6 — Struck because he had served on a criminal jury in the past that had found the defendant innocent.
Juror number 22 — Struck because the defense attorney had represented her son in the past.
Juror number 2 — Struck because he had a criminal conviction and is a repeat offender.

Striking a prospective juror because he has a criminal conviction is a valid race-neutral reason. Jackson v. State, 549 So.2d 616 (Ala.Cr.App.1989); Powell v. State, 548 So.2d 590 (Ala.Cr.App.1988), aff’d, 548 So.2d 605 (Ala.1989). “ ‘The fact that a veniremember knew one of the lawyers involved in the case is a valid race-neutral reason for striking that juror.’ ” Yelder v. State, [Ms. 3 Div. 212, October 11, 1991], 1991 WL 238088, *8 (Ala.Cr.App. 1991), citing Strong v. State, 538 So.2d 815, 817 (Ala.Cr.App.1988). There is precedent for the proposition that the fact that a juror has served on a case resulting in a defendant’s verdict of not guilty is a valid race-neutral reason. Watkins v. State, 551 So.2d 421 (Ala.Cr.App.1988).

The trial court’s ruling was not “clearly erroneous.” Gaston v. State, 581 So.2d 548 (Ala.Cr.App.1991). There was no Batson violation in the instant case.

For the foregoing reasons, the judgment in this case is due to be affirmed.

OPINION EXTENDED; AFFIRMED.

All the Judges concur.
1

Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).