Batson or J.E.B challenge (Alabama) · Go Syfert
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Batson or J.E.B challenge in Alabama

25 Alabama opinions name it 2 courts 1997–2018 0 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Ex Parte Watkinsgreen
ala · 1987 · cited in 11 Alabama opinions naming this issue, 2006–2018
2 sentences

2013“To find plain error in the context of a Batson or J.E.B. violation, the record must supply an inference that the prosecutor was ‘engaged in the practice of purposeful discrimination.’ ” Blackmon v. State, 7 So.3d 397, 425 (Ala.Crim.App.2005) (quoting Ex parte Watkins, 509 So.2d 1074, 1076 (Ala.1987)).

2010Additionally, the court may consider whether the State used all or most of its strikes against members of one gender.” 698 So.2d at 167-68. “ ‘To find plain error in the context of a Batson or J.E.B. violation, the record must supply an inference that the prosecutor was ‘engaged in the practice of purposeful discrimination.’ Ex parte Watkins, 509 So.2d 1074, 1076 (Ala.1987).” Blackmon v. State, 7 So.3d 397, 425 (Ala.Crim.App.2005) (opinion on application for rehearing).

711
Blackmon v. Stategreen
alacrimapp · 2006 · cited in 7 Alabama opinions naming this issue, 2010–2018
2 sentences

2018Even if, however, the Batson or J.E.B. issues raised by Gaston are subject to plain-error review, Gaston is not entitled to any relief. " 'To find plain error in the context of a Batson or J.E.B. violation, the record must supply an inference that the prosecutor was "engaged in the practice of purposeful discrimination." ' Blackmon v. State , 7 So.3d 397 , 425 (Ala. Crim.

2018Even if, however, the Batson or J.E.B. issues raised by Gaston are subject to plain-error review, Gaston is not entitled to any relief. " 'To find plain error in the context of a Batson or J.E.B. violation, the record must supply an inference that the prosecutor was "engaged in the practice of purposeful discrimination." ' Blackmon v. State , 7 So.3d 397 , 425 (Ala. Crim.

37
Saunders v. Stategreen
alacrimapp · 2007 · cited in 2 Alabama opinions naming this issue, 2010–2013
2 sentences

2013See also Saunders v. State, 10 So.3d 53, 78 (Ala.Crim.App. 2007) (“For an appellate court to find plain error in the Batson [or J.E.B.] context, the court must find that the record raises an inference of purposeful discrimination by the State in the exercise of peremptory challenges.”).

2010See also Saunders v. State, 10 So.3d 53, 78 (Ala.Crim.App.2007) (“For an appellate court to find plain error in the Batson [or J.E.B.] context, the court must find that the record raises an inference of purposeful discrimination by the State in the exercise of peremptory challenges.”).

22
Ex Parte Trawickgreen
ala · 1997 · cited in 9 Alabama opinions naming this issue, 1999–2015
2 sentences

2015In Ex parte Trawick, 698 So.2d 162 (Ala.1997), the Alabama Supreme Court stated: “A party making a Batson or J.E.B. challenge bears the burden of proving a prima- facie case of discrimination and, in the absence of such proof, the prosecution is not required to state its reasons for its peremptory challenges.

2010As the Alabama Supreme Court stated in Ex parte Trawick, 698 So.2d 162 (Ala.1997): “A party making a Batson or J.E.B. challenge bears the burden of proving a prima facie case of discrimination and, in the absence of such proof, the prosecution is not required to state its reasons for its peremptory challenges.

19
Batson v. Kentuckygreen
scotus · 1986 · cited in 5 Alabama opinions naming this issue, 2013–2018
2 sentences

2018As explained by the United States Supreme Court in Miller-El v. Cockrell , 537 U.S. 322 , 123 S.Ct. 1029 , 154 L.Ed. 2d 931 (2003) : " 'First, a defendant must make a prima facie showing that a peremptory challenge has been exercised on the basis of race [or gender]. [ Batson v. Kentucky ,] 476 U.S. [79,] 96-97[, 106 S.Ct. 1712 , 1723 (1986) ].

2018As explained by the United States Supreme Court in Miller-El v. Cockrell , 537 U.S. 322 , 123 S.Ct. 1029 , 154 L.Ed. 2d 931 (2003) : " 'First, a defendant must make a prima facie showing that a peremptory challenge has been exercised on the basis of race [or gender]. [ Batson v. Kentucky ,] 476 U.S. [79,] 96-97[, 106 S.Ct. 1712 , 1723 (1986) ].

15
Wilson v. Stategreen
alacrimapp · 2010 · cited in 1 Alabama opinions naming this issue, 2013–2013
1 sentence

2013See Wilson, 142 So.3d at 751 (opinion on return to remand); Sharp v. State, 151 So 3d 342, 378 (Ala.Crim.App.2010).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Ex Parte Bird green
ala · 1991
2 sentences

2015Ex parte Branch, 526 So.2d 609 (Ala.1987); Ex parte Bird, 594 So.2d 676 (Ala.1991).

2015Ex parte Branch, 526 So.2d 609 (Ala.1987); Ex parte Bird, 594 So.2d 676 (Ala.1991).

151997–2015
Ex Parte Branch green
ala · 1987
2 sentences

2015Ex parte Branch, 526 So.2d 609 (Ala.1987); Ex parte Bird, 594 So.2d 676 (Ala.1991).

2015Ex parte Branch, 526 So.2d 609 (Ala.1987); Ex parte Bird, 594 So.2d 676 (Ala.1991).

151997–2015
Miller-El v. Cockrell green
scotus · 2003
2 sentences

2018As explained by the United States Supreme Court in Miller-El v. Cockrell , 537 U.S. 322 , 123 S.Ct. 1029 , 154 L.Ed. 2d 931 (2003) : " 'First, a defendant must make a prima facie showing that a peremptory challenge has been exercised on the basis of race [or gender]. [ Batson v. Kentucky ,] 476 U.S. [79,] 96-97[, 106 S.Ct. 1712 , 1723 (1986) ].

2018As explained by the United States Supreme Court in Miller-El v. Cockrell , 537 U.S. 322 , 123 S.Ct. 1029 , 154 L.Ed. 2d 931 (2003) : " 'First, a defendant must make a prima facie showing that a peremptory challenge has been exercised on the basis of race [or gender]. [ Batson v. Kentucky ,] 476 U.S. [79,] 96-97[, 106 S.Ct. 1712 , 1723 (1986) ].

62013–2018
Trawick v. Alabama green
scotus · 1997
2 sentences

2001In Ex parte Trawick, 698 So.2d 162 (Ala.), cert. denied, 522 U.S. 1000 , 118 S.Ct. 568 , 139 L.Ed.2d 408 (1997), the Alabama Supreme Court held: "`A party making a Batson or J.E.B. challenge bears the burden of proving a prima facie case of discrimination and, in the absence of such proof, the prosecution is not required to state its reasons for its peremptory challenges.

2001In Ex parte Trawick, 698 So.2d 162 (Ala.), cert. denied, 522 U.S. 1000 , 118 S.Ct. 568 , 139 L.Ed.2d 408 (1997), the Alabama Supreme Court held: "`A party making a Batson or J.E.B. challenge bears the burden of proving a prima facie case of discrimination and, in the absence of such proof, the prosecution is not required to state its reasons for its peremptory challenges.

41999–2001
Greene v. Georgia green
scotus · 1997
2 sentences

2001In Ex parte Trawick, 698 So.2d 162 (Ala.), cert. denied, 522 U.S. 1000 , 118 S.Ct. 568 , 139 L.Ed.2d 408 (1997), the Alabama Supreme Court held: "`A party making a Batson or J.E.B. challenge bears the burden of proving a prima facie case of discrimination and, in the absence of such proof, the prosecution is not required to state its reasons for its peremptory challenges.

1999In Ex parte Trawick, 698 So.2d 162 (Ala.), cert. denied, 522 U.S. 1000 , 118 S.Ct. 568 , 139 L.Ed.2d 408 (1997), the Alabama Supreme Court held: "A party making a Batson or J.E.B. challenge bears the burden of proving a prima facie case of discrimination and, in the absence of such proof, the prosecution is not required to state its reasons for its peremptory challenges.

31999–2001
Floyd v. State green
ala · 2015
1 sentence

2016Ex parte Floyd II, 191 So.3d at 156-160 .

12016–2016
JEB v. Alabama Ex Rel. TB green
scotus · 1994
2 sentences

2008"In addressing a similar issue in Ex parte Trawick, 698 So.2d 162 (Ala.1997), the Alabama Supreme Court stated, in pertinent part: "`Trawick first argues that the State used its peremptory challenges to discriminate against female jurors, in violation of J.E.B. v. Alabama, 511 U.S. 127 , 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994), and that the trial court erred by not requiring the State to articulate its reasons for its strikes of females.

2008"In addressing a similar issue in Ex parte Trawick, 698 So.2d 162 (Ala.1997), the Alabama Supreme Court stated, in pertinent part: "`Trawick first argues that the State used its peremptory challenges to discriminate against female jurors, in violation of J.E.B. v. Alabama, 511 U.S. 127 , 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994), and that the trial court erred by not requiring the State to articulate its reasons for its strikes of females.

12008–2008

Statutes the citing opinions construe

AL § Ala. Code § 13A-5-40 (22) AL § Ala. Code § 13A-5-49 (22) AL § Ala. Code § 13A-5-53 (22) AL § Ala. Code § 13A-5-45 (16) AL § Ala. Code § 13A-5-47 (16) AL § Ala. Code § 13A-5-51 (14) AL § Ala. Code § 13A-5-52 (12) AL § Ala. Code § 13A-5-46 (10) AL § Ala. Code § 13A-6-2 (9) AL § Ala. Code § 12-16-150 (8) AL § Ala. Code § 12-3-16 (7) AL § Ala. Code § 13A-5-50 (7)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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