Smith v. State, 448 S.E.2d 179 (Ga. 1994). · Go Syfert
Smith v. State, 448 S.E.2d 179 (Ga. 1994). Cases Citing This Book View Copy Cite
111 citation events (51 in the last 25 years) across 4 distinct courts.
Strongest positive: KITCHENS, WILLIAM TRAVIS v. the State of Texas (texcrimapp, 2025-09-03)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 40 distinct citers. How cited ↗
discussed Cited as authority (rule) KITCHENS, WILLIAM TRAVIS v. the State of Texas
Tex. Crim. App. · 2025 · confidence medium
Defendant suggests the prosecutor’s remarks at voir dire that potential witnesses might have ‘different cultural ethics,’ ‘different ethical values’ or ‘different ethnic, social, cultural, moral backgrounds’ than some jurors constituted ‘veiled references to racial bias.’ We agree with the People that the prosecutor’s references were to the gang membership or prior criminality of certain witnesses, not to their race.”); Smith v. State, 264 Ga. 449, 450 (1994) (“The prosecutor simply inferred that the two prospective jurors were more likely to have had direct exposure to…
discussed Cited as authority (rule) KITCHENS, WILLIAM TRAVIS v. the State of Texas
Tex. Crim. App. · 2025 · confidence medium
Defendant suggests the prosecutor’s remarks at voir dire that potential witnesses might have ‘different cultural ethics,’ ‘different ethical values’ or ‘different ethnic, social, cultural, moral backgrounds’ than some jurors constituted ‘veiled references to racial bias.’ We agree with the People that the prosecutor’s references were to the gang membership or prior criminality of certain witnesses, not to their race.”); Smith v. State, 264 Ga. 449, 450 (1994) (“The prosecutor simply inferred that the two prospective jurors were more likely to have had direct exposure to…
discussed Cited as authority (rule) Cecil Johnson v. State
Ga. Ct. App. · 2021 · confidence medium
To evaluate Johnson’s claim of ineffective assistance of counsel, we apply the two-pronged test established in Strickland v. Washington,43 which requires him to show that his trial counsel’s performance was “deficient and that the deficient 41 Coleman v. State, 301 Ga. 720, 723 (4) ( 804 SE2d 24 ) (2017) (punctuation omitted). 42 See Smith v. State, 264 Ga. 449, 451-52 (2) ( 448 SE2d 179 ) (1994) (holding that State’s explanation for peremptory strike of prospective jurors—that jurors lived in same general area as defendant’s residence, State’s witnesses’ residences or scene of…
examined Cited as authority (rule) Lowndes County Health Services, LLC v. Gregory Copeland (3×) also: Cited "see"
Ga. Ct. App. · 2019 · confidence medium
See Trice v. State, 266 Ga. 102, 103 (2) ( 464 SE2d 205 ) (1995) (“The nature of a prospective juror’s employment is not a characteristic that is peculiar to any race.”) (citations and punctuation omitted); Smith v. State, 264 Ga. 449, 450 (1) ( 448 SE2d 179 ) (1994) (prosecutor’s belief that “all residents, black or white, of a particular neighborhood might be biased against the State’s witnesses” was racially neutral).
discussed Cited as authority (rule) Daniels v. State
Ga. · 2019 · signal: cf. · confidence medium
Cf. Smith v. State, 264 Ga. 449, 449-451 (1) ( 448 SE2d 179 ) (1994) (prospective juror’s residence in public housing project where gang activity was prevalent is race-neutral explanation for strike, particularly given that the appellant was accused of gang activity and the State’s case hinged on the credibility of gang members).
discussed Cited as authority (rule) Jackson v. State
Ga. Ct. App. · 2014 · confidence medium
But the record reveals that the State also struck this juror because he had no children, and explained in striking another juror for the same reason that “since we’re dealing with children here, we wanted somebody that had at least some kind of dealing with children.” The Supreme Court of Georgia has held that this explanation is race-neutral, Smith v. State, 264 Ga. 449, 452 (3) ( 448 SE2d 179 ) (1994), and we must defer to the trial court’s conclusion that the State overcame the prima facie case of discrimination.
discussed Cited as authority (rule) Gregory Leon Jackson, Jr. v. State
Ga. Ct. App. · 2014 · confidence medium
But the record reveals that the State also struck this juror because he had no children, and explained in striking another juror for the same reason that “since we’re dealing with children here, we wanted somebody that had at least some kind of dealing with children.” The Georgia Supreme Court has held that this explanation is race-neutral, Smith v. State, 264 Ga. 449, 452 (3) ( 448 SE2d 179 ) (1994), and we must defer to trial court’s conclusion that the State overcame the prima facie case of discrimination.
discussed Cited as authority (rule) Littlejohn v. State (2×)
Ga. Ct. App. · 2013 · confidence medium
Nevertheless, “[t]here is no requirement that the State’s racially neutral explanation for its use of peremptory strikes be supported by a transcript of voir dire.” (Citations and punctuation omitted.) Smith v. State, 264 Ga. 449, 453 (4) ( 448 SE2d 179 ) (1994); see also Burgess v. State, 194 Ga. App. 179, 180 ( 390 SE2d 92 ) (1990).
discussed Cited as authority (rule) Daniel Kirk Littlejohn v. State (2×)
Ga. Ct. App. · 2013 · confidence medium
Nevertheless, “[t]here is no requirement that the State’s racially neutral explanation for its use of peremptory strikes be supported by a transcript of voir dire.” (Citations and punctuation omitted.) Smith v. State, 264 Ga. 449, 453 (4) ( 448 SE2d 179 ) (1994); see also Burgess v. State, 194 Ga. App. 179, 180 ( 390 SE2d 92 ) (1990).
cited Cited as authority (rule) Floyd v. State
Ga. Ct. App. · 2006 · confidence medium
“A prospective juror’s divorced or childless state is a racially - neutral reason for the exercise of a peremptory strike. [Cits.]” Smith v. State, 264 Ga. 449, 452 (3) ( 448 SE2d 179 ) (1994).
discussed Cited as authority (rule) Allen v. State
Ga. · 2006 · confidence medium
As with the state of mind of a juror, evaluation of the [lawyer’s] state of mind based on demeanor and credibility lies ‘peculiarly within a trial judge’s province.’ (Cits.)” [Cit.] Smith v. State, 264 Ga. 449, 454 (4) ( 448 SE2d 179 ) (1994).
discussed Cited as authority (rule) Taylor v. State (2×)
Ga. · 2005 · confidence medium
See Purkett v. Elem, supra at 769, 115 S.Ct. 1769 (juror stricken "because he had long, unkempt hair, a mustache, and a beard"); Lingo v. State, 263 Ga. 664, 667 (1)(b)(5), (8), 437 S.E.2d 463 (1993); Jones v. State, 226 Ga.App. 428, 429 (1)(d), 487 S.E.2d 62 (1997). [W]here, as here, racially-neutral reasons are given, "the ultimate inquiry for the (trial court) is not whether counsel's reason(s are) suspect, or weak, or irrational, but whether counsel is telling the truth in his or her assertion that the challenge is not race-based. [Cit.].... `As with the state of mind of a juror, evaluatio…
discussed Cited as authority (rule) Bell v. Austin
Ga. · 2005 · confidence medium
The nature of a prospective juror’s employment is “not a characteristic that is peculiar to any race.” [Cits.] Likewise, a strike based upon a prospective juror’s lack of responsiveness during voir dire... is a race-neutral peremptory strike. [Cits.] Trice v. State, 266 Ga. 102, 103 (2) ( 464 SE2d 205 ) (1995). [W]here, as here, racially-neutral reasons are given, “the ultimate inquiry for the (trial court) is not whether counsel’s reason(s are) suspect, or weak, or irrational, but whether counsel is telling the truth in his or her assertion that the challenge is not race-based.”…
discussed Cited as authority (rule) Chavarria v. State
Ga. Ct. App. · 2001 · confidence medium
Pope, P. J., and Mikell, J., concur. 1 Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986). 2 Griffin v. State, 243 Ga. App. 282, 284 (3) ( 531 SE2d 175 ) (2000). 3 Hutcheson v. State, 246 Ga. 13 ( 268 SE2d 643 ) (1980). 4 Smith v. State, 201 Ga. App. 82 (1) ( 410 SE2d 202 ) (1991). 5 Rucker v. State, 270 Ga. 431, 433 (2) ( 510 SE2d 816 ) (1999). 6 Howard v. State, 243 Ga. App. 836, 837-838 ( 534 SE2d 202 ) (2000). 7 Gardner v. State, 225 Ga. App. 427 ( 483 SE2d 912 ) (1997). 8 Smith v. State, 264 Ga. 449, 454 (4) ( 448 SE2d 179 ) (1994). 9 Hernandez v. New York, 500 U. S. 352, 3…
discussed Cited as authority (rule) King v. State (2×)
Ga. · 2000 · confidence medium
Smith v. State, 264 Ga. 449, 453 (4), 448 S.E.2d 179 (1994) (holding that a reason for a strike may be mistaken so long as it is race-neutral).
discussed Cited as authority (rule) Howard v. State
Ga. Ct. App. · 2000 · confidence medium
See Higginbotham v. State, 207 Ga. App. 424, 425 (3) ( 428 SE2d 592 ) (1993); Smith v. State, 264 Ga. 449, 450 (1) ( 448 SE2d 179 ) (1994) (exercise of peremptory strikes against residents of public housing project plagued by gang-related activity upheld in trial of defendant for gang-related crimes).
discussed Cited as authority (rule) Scott v. State
Ga. Ct. App. · 1999 · confidence medium
The trial court noted that a juror from that area may well be “scared to go home having convicted somebody of a drug offense.” See Smith v. State, 264 Ga. 449, 454 ( 448 SE2d 179 ) (1994); Sorrells v. State, 218 Ga. App. 413, 414 ( 461 SE2d 904 ) (1995).
discussed Cited as authority (rule) Williams v. State
Ga. Ct. App. · 1999 · confidence medium
Even if the prosecutor is mistaken about the existence of a relationship, a strike may be “based upon mistake or ignorance ... so long as it is not whimsical or fanciful but is neutral, related to the case to be tried, and a clear and reasonably specific explanation of the legitimate reasons for exercising the challenges.” (Punctuation omitted.) Smith v. State, 264 Ga. 449, 453 (4) ( 448 SE2d 179 ) (1994); see also Griffeth, supra. “In this case, there is no contention that anything in the record would show that the proffered reasons did not apply to each prospective juror.
cited Cited as authority (rule) Russell v. State
Ga. Ct. App. · 1998 · confidence medium
Smith v. State, 264 Ga. 449, 451 (1) ( 448 SE2d 179 ).
discussed Cited as authority (rule) Griffeth v. State (2×)
Ga. Ct. App. · 1998 · confidence medium
“In Congdon, [supra,] the prosecutor admittedly predicated his exercise of peremptory strikes upon a racially stereotypical belief that, as the result of an unrelated criminal investigation, all black residents of a particular neighborhood were prejudiced against the State’s white prosecuting witness.” (Emphasis omitted.) Smith v. State, 264 Ga. 449, 453 (4) ( 448 SE2d 179 ) (1994).
discussed Cited as authority (rule) Walton v. State
Ga. · 1997 · confidence medium
Had the facts been as the prosecutor believed them to be, the statement by Juror # 17 would have constituted a race-neutral reason for striking her, as “the ultimate inquiry for the [trial court] is not whether counsel’s reason[s are] suspect, or weak, or irrational, but whether counsel is telling the truth in his or her assertion that the challenge is not race-based.” [Cit.] (Emphasis supplied.) Smith v. State, 264 Ga. 449, 454 ( 448 SE2d 179 ) (1994).
discussed Cited as authority (rule) Gardner v. State
Ga. Ct. App. · 1997 · confidence medium
As with the state of mind of a juror, evaluation of the [striker’s] state of mind based on demeanor and credibility lies ‘peculiarly within a trial judge’s province.’” (Citations omitted.) Hernandez v. New York, 500 U. S. 352, 365 (111 SC 1859, 114 LE2d 395) (1991); Smith v. State, 264 Ga. 449, 454 ( 448 SE2d 179 ) (1994); Moak v. State, 222 Ga. App. 36 ( 473 SE2d 576 ) (1996); Hightower v. State, 220 Ga. App. 165, 166 ( 469 SE2d 295 ) (1996).
cited Cited as authority (rule) O'NEAL v. State
Ga. Ct. App. · 1997 · confidence medium
Trice v. State, 266 Ga. 102, 103 (2) ( 464 SE2d 205 ) (1995) (employment status); Smith v. State, 264 Ga. 449, 452 (3) ( 448 SE2d 179 ) (1994) (marital status).
discussed Cited as authority (rule) Norfolk Southern Railway Co. v. Perkins
Ga. Ct. App. · 1997 · confidence medium
I don’t have any other insurance people on this jury, regardless of race.” While AbdulRashid and Bridges are from the same “conservative” zip code, as stated previously, Perkins provided legitimate reasons for not striking these jurors. 2 “Where, as here, multiple racially-neutral reasons are given for the peremptory strike . . ., a Batson violation does not exist simply because one or more of those racially-neutral reasons was not used by the [attorney] to strike [black] potential jurors. [Cits.]” Smith v. State, 264 Ga. 449, 452 (3) ( 448 SE2d 179 ) (1994).
cited Cited as authority (rule) Rhodes v. State
Ga. Ct. App. · 1996 · confidence medium
Chandler, supra; Smith, 264 Ga. at 451 (1).
discussed Cited as authority (rule) Hightower v. State
Ga. Ct. App. · 1996 · confidence medium
The trial court’s decision rests largely upon assessment of the prosecutor’s state of mind and credibility; it therefore lies ‘ “peculiarly within a trial judge’s province.” (Cits.)’ Smith v. State, 264 Ga. 449, 454 ( 448 SE2d 179 ) (1994).
discussed Cited as authority (rule) Sorrells v. State (2×)
Ga. Ct. App. · 1995 · confidence medium
The trial court’s decision rests largely upon assessment of the prosecutor’s state of mind and credibility; it therefore lies “ ‘peculiarly within a trial judge’s province.’ [Cits.]” Smith v. State, 264 Ga. 449, 454 ( 448 SE2d 179 ) (1994).
discussed Cited as authority (rule) McKibbons v. State (2×)
Ga. Ct. App. · 1995 · confidence medium
An explanation for the use of a peremptory strike, “even if it is based upon mistake or ignorance, may be sufficient to rebut a prima facie Batson showing, so long as it is not whimsical or fanciful but is neutral, related to the case to be tried, and a clear and reasonably specific explanation of the legitimate reasons for exercising the challenges.” (Citations and punctuation omitted.) Smith v. State, 264 Ga. 449, 453 (4) ( 448 SE2d 179 ). “ ‘In the typical peremptory challenge inquiry, the decisive question will be whether counsel’s race-neutral explanation for a peremptory challe…
discussed Cited as authority (rule) Burgess v. State (2×)
Ga. · 1994 · confidence medium
Smith v. State, 264 Ga. 449, 452 (3) ( 448 SE2d 179 ) (1994).
cited Cited as authority (rule) Ellerbee v. State
Ga. Ct. App. · 1994 · confidence medium
Smith v. State, 264 Ga. 449, 452 (3) ( 448 SE2d 179 ).
examined Cited "see" Suggs v. State (4×)
Ga. · 2021 · signal: see · confidence high
See Smith v. State, 264 Ga. 449, 449-451 ( 448 SE2d 179 ) (1994) (holding that prospective juror’s residence in public housing project where gang activity was prevalent was race-neutral explanation for peremptory strike); Franklin v. State, 305 Ga. App. 574, 577 ( 699 SE2d 868 ) (2010) (holding that prospective juror’s involvement with drugs was race-neutral explanation for peremptory strike).
discussed Cited "see" Brown v. State (2×)
Ga. Ct. App. · 2011 · signal: see · confidence high
See Bass v. State, 271 Ga. App. 228, 233 (4) ( 609 SE2d 386 ) (2006). 9 (Citation omitted.) Stokes v. State, 281 Ga. 825, 829 (3) ( 642 SE2d 82 ) (2007). 10 (Emphasis in original.) McKenzie v. State, 227 Ga. App. 778, 779 (1) ( 490 SE2d 522 ) (1997). 11 (Punctuation and footnote omitted.) Hicks v. State, 281 Ga. App. 217, 219 (2) ( 635 SE2d 830 ) (2006). 12 (Citation and punctuation omitted.) Smith v. State, 264 Ga. 449, 454 (4) ( 448 SE2d 179 ) (1994). 13 Stokes, supra. 14 See McKee v. State, 277 Ga. 577, 581 (8) ( 591 SE2d 814 ) (2004) (McCollum challenge sustained where defense had not stru…
discussed Cited "see" Thomas v. State (2×)
Ga. Ct. App. · 2009 · signal: accord · confidence high
Accord Smith v. State, 264 Ga. 449, 454 (4) ( 448 SE2d 179 ) (1994).
discussed Cited "see" Price v. State (2×)
Ga. Ct. App. · 1996 · signal: see · confidence high
See Smith v. State, 264 Ga. 449 (1) ( 448 SE2d 179 ) (1994).
cited Cited "see" Trammel v. State
Ga. · 1995 · signal: see · confidence high
Hernandez v. New York, 500 U. S. 352, 364 (111 SC 1859, 114 LE2d 395) (1991); see Smith, supra at 451 .
discussed Cited "see, e.g." Johnson v. State (2×)
Ga. · 2018 · signal: see also · confidence medium
See also Weems v. State, 262 Ga. 101, 102 ( 416 SE2d 84 ) (1992) (remanding for the trial court to determine at a post-trial hearing whether peremptory strikes were racially motivated). 5 After hearing testimony from potential jurors who were struck and the appellants’ arguments against the prosecutor’s proffered reasons for striking the challenged jurors, the trial court expressly found that the district attorney’s reasons for the peremptory strikes were “legitimate” and “in no way racially motivated.” This finding, like most Batson decisions, turned largely on an evaluation of …
discussed Cited "see, e.g." JOHNSON v. THE STATE (Two Cases) (2×)
Ga. · 2018 · signal: see also · confidence medium
See also Weems v. State, 262 Ga. 101, 102 ( 416 SE2d 84 ) (1992) (remanding for the trial court to determine at a post-trial hearing whether peremptory strikes were racially motivated).5 After 5 It is certainly preferable, however, for the trial court to respond to a Batson challenge by clearly following the three-step analysis when the challenge is raised at trial and “‘clearly stat[ing] on the record its reasoning and conclusions as to each step of the inquiry.’” Coleman, 301 Ga. at 13 hearing testimony from potential jurors who were struck and the appellants’ arguments against the…
discussed Cited "see, e.g." Ohin v. Commonwealth
Va. Ct. App. · 2005 · signal: see also · confidence medium
What was said about the butterfly knife in Delcid can be said also about Ohin’s knife: It has a “fixed blade, sharp point, and single-sharpened edge” affording it “unquestionable utility as a stabbing weapon.” Id. at 18 , 526 S.E.2d at 275 ; see also Richards, 18 Va.App. at 246 , 448 S.E.2d at 179 (finding on “examination of the weapon’s blade” it was a “weapon of like kind”).
discussed Cited "see, e.g." O'HANNON v. State (2×)
Ga. Ct. App. · 1999 · signal: compare · confidence medium
Smith and Eldridge, JJ, concur. 1 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986). 2 Id. 3 Purkett v. Elem, 514 U. S. 765, 767 (115 SC 1769, 131 LE2d 834) (1995). 4 See Williams v. State, 236 Ga. App. 190 (1) ( 511 SE2d 561 ) (1999). 5 Id. 6 Smith v. State, 236 Ga. App. 122, 124 (2) ( 511 SE2d 223 ) (1999). 7 (Citation omitted.) Id. 8 See Williams, supra at 191 (citing Davis v. State, 263 Ga. 5 ( 426 SE2d 844 ) (1993)); Henry v. State, 265 Ga. 732, 734 (2) ( 462 SE2d 737 ) (1995). 9 See Durham v. State, 185 Ga. App. 163, 166 (3) ( 363 SE2d 607 ) (1987) (psychological training accepted as race-ne…
discussed Cited "see, e.g." McKenzie v. State
Ga. Ct. App. · 1997 · signal: see also · confidence medium
In determining whether a strike was in fact racially motivated, the trial court sits as the trier of fact, and its findings “are entitled to great deference and will be affirmed unless clearly erroneous.” Turner, supra at 151 ; see also Smith v. State, 264 Ga. 449, 451 (448 SE2d *780 179) (1994). “[W]here there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.” (Punctuation omitted.) Hernandez, supra at 369. 2.
Retrieving the full opinion text from the archive…
SMITH
v.
State
S94A0789.
Supreme Court of Georgia.
Sep 19, 1994.
448 S.E.2d 179
Gwyn P. Newsome, for appellant., Douglas C. Pullen, District Attorney, J. Mark Shelnutt, Mark C. Post, Assistant District Attorneys, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Paige M. Reese, Assistant Attorney General, for appellee.
Carley.
Cited by 46 opinions  |  Published
Carley, Justice.

Appellant was found guilty of murder and possession of a firearm during the commission of a felony. On appeal, the convictions were affirmed, but the case was remanded in order to permit the prosecutor to explain why nine black potential jurors had been peremptorily stricken and to allow the trial court to make findings under Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986). Smith v. State, 263 Ga. 224, 226 (4) (430 SE2d 579) (1993). On remand, a hearing was conducted and the trial court found

that the explanation given by the [p]rosecutor for each of his peremptory challenges was racially neutral, legitimate, nondiscriminatory, related to the case tried and clear and reasonably specific. . . . [I]mproper racial motivation has not been demonstrated. . . .

It is from this order that appellant brings the instant appeal.

1. Appellant urges that a Batson violation exists because two black potential jurors were peremptorily stricken based, in part, upon their residence in public housing.

It is not undisputed that these two prospective jurors were peremptorily stricken simply because they were black residents of public housing. Compare Congdon v. State, 262 Ga. 683, 685 (424 SE2d 630) (1993) (wherein the prosecutor, in effect, conceded that “the venirepersons were struck for no reason other than that they were black citizens of Ringgold”). To the contrary, the prosecutor asserted that, without regard to the race of the two prospective jurors, he had elected to exercise peremptory strikes against them because they were[*450] residents of a particular public housing project where gang activity was known to be most prevalent. The crimes with which appellant was charged were gang-related and the State’s case against appellant hinged upon the credibility of gang members. Thus, according to the prosecutor, he had determined that those prospective jurors, black or white, who lived in areas where gang activity was most prevalent were more likely to be prejudiced against the State’s witnesses who were gang members.

Therefore, entirely unlike Congdon v. State, supra at 685, there was no actual showing here that

[t]he State’s justification for the exercise of its peremptory challenges was the result of a stereotypical belief that all black . . . residents [of a particular neighborhood] were biased against the [State’s witnesses].

Instead, the actual showing was that the State’s justification for the exercise of its peremptory strikes was the result of a racially-neutral belief that all residents, black or white, of a particular neighborhood might be biased against the State’s witnesses. The prosecutor simply inferred that the two prospective jurors were more likely to have had direct exposure to gang activity than someone who did not live in their neighborhoods. “While this conclusion may or may not be empirically correct, we cannot say that it exhibits racially discriminatory intent as a matter of law.” United States v. Uwaezhoke, 995 F2d 388, 393 (II) (B) (3rd Cir. 1993).

Although the prosecutor’s asserted reason for exercising the peremptory strikes was racially neutral and not inherently discriminatory, it nevertheless has been recognized that basing the exercise of a peremptory strike upon the neighborhood wherein a prospective juror resides is “ ‘particularly problematic (raising) serious concerns about the potential for cloaking discriminatory motives in only marginally neutral justifications.’ [Cit.]” Congdon v. State, supra at 685.

The disproportionate impact of a prosecutor’s criteria for excluding black prospective jurors . . . does not compel a finding that the [S]tate’s motives were discriminatory. [Cit.] . . . Nonetheless, courts should be very wary of allowing gang membership to be an acceptable ground for striking jurors, particularly absent any gang involvement in the offense. This reasoning is particularly suspect when black defendants are being tried for an offense against a white victim.

Williams v. Chrans, 957 F2d 487, 490 (I) (7th Cir. 1992).

In this case, however, there was a direct connection between gang involvement and the offenses for which appellant was being tried and,[*451] in addition, appellant, his co-defendant, the victim and the key witnesses are black. Moreover, here: There is no contention that the two black prospective jurors who were peremptorily stricken did not live in neighborhoods where gang activity is prevalent; There is no contention that whites who lived in neighborhoods where gang activity is prevalent were not peremptorily stricken; Five black jurors actually served on the jury and one of the alternate jurors was black; The State did not use all of its peremptory strikes. Having considered all of these factors,

[t]he trial judge in this case chose to believe the prosecutor’s race-neutral explanation for striking the two jurors in question, rejecting [appellant’s] assertion that the reasons were pretextual. [Under] Batson, . . . the trial court’s decision on the ultimate question of discriminatory intent represents a finding of fact of the sort accorded great deference on appeal. . . .

Hernandez v. New York, 500 U. S. 352, 364 (111 SC 1859, 114 LE2d 395) (1991). Indeed, under Batson, a trial court’s finding must be affirmed “unless it is clearly erroneous.” Minor v. State, 264 Ga. 195, 197 (5) (442 SE2d 754) (1994).

The trial court’s findings cannot be held to be clearly erroneous and we must, therefore, affirm the trial court’s determination “that the State’s explanation was race[-]neutral, particularly where much of the evidence to be presented at trial involved gangs and gang activity.” People v. Williams, 625 NE2d 144, 150 (Ill. App. 1993). See also United States v. Uwaezhoke, supra; Williams v. Chrans, supra; People v. Johnson, 578 NE2d 1274, 1284-1287 (Ill. App. 1991).

2. Several black potential jurors were peremptorily stricken based, in part, upon the location of their residence in the same general area as appellant’s residence, the State’s witnesses’ residences, or the scene of the crime.

Other courts have found peremptory challenges race-neutral where the challenges were based on the potential juror’s residence or employment being near the defendant’s or witnesses’ residences, or near the scene of the crime.

People v. Johnson, supra at 1285. Included among such “other courts” is our own Court of Appeals. Higginbotham v. State, 207 Ga. App. 424, 425 (3) (428 SE2d 592) (1993). Compare Congdon v. State, supra (wherein black potential jurors were peremptorily stricken based upon suspected prejudice arising solely from the location of their residences near that of the victim in an unrelated criminal investigation).

[*452] In the instant case,

[t]he fact that several black prospective jurors, who apparently [did not reside] in the same general area as appellant^ the State’s witnesses, or the scene of the crime], did serve on the petit jury [lends] credence to the State’s assertion that its employment of . . . peremptory strike [s] was neutral and non-racial. Compare Congdon v. State, supra. . . . The trial court’s finding that the employment of . . . peremptory strike [s] against . . . black prospective juror[s] who lived in the same general area as appellant[, the State’s witnesses, or the scene of the crime] was racially neutral is not clearly erroneous.

(Emphasis in original.) Higginbotham v. State, supra at 425-426 (3).

3. As against two black potential jurors, the prosecutor gave multiple racially-neutral reasons for his exercise of a peremptory strike, including their divorced or childless state. Appellant urges a Batson violation exists because several white potential jurors who were divorced or childless were not also peremptorily stricken.

A prospective juror’s divorced or childless state is a racially-neutral reason for the exercise of a peremptory strike. Ware v. State, 191 Ga. App. 896 (1) (383 SE2d 368) (1989); Bess v. State, 187 Ga. App. 185, 187 (1) (369 SE2d 784) (1988). Where, as here, multiple racially-neutral Teasons are given for the peremptory strike of black potential jurors, a Batson violation does not exist simply because one or more of those racially-neutral reasons was not used by the prosecutor to strike white potential jurors. Lingo v. State, 263 Ga. 663, 667 (1) (c) (437 SE2d 463) (1993). Compare Strozier v. Clark, 206 Ga. App. 85, 87 (5) (424 SE2d 368) (1992) (one racially-motivated reason vitiates multiple racially-neutral reasons).

The prosecutor not only gave additional racially-neutral explanations for exercising peremptory strikes against two of the black potential jurors who were divorced or childless, he also gave additional racially-neutral explanations for not exercising peremptory strikes against divorced or childless white potential jurors or against those three childless black jurors who did actually serve on the petit jury. See Berry v. State, 263 Ga. 493 (435 SE2d 433) (1993).

[W]e are not authorized to create an inference of discrimination where none is apparent, and where none has been found by the trial court, to whose findings we must give great deference. [Cits.]

Lingo v. State, supra at 668 (1) (c). The trial court’s finding that there was no racial motivation in the prosecutor’s exercise of peremp[*453] tory strikes against only two of the five black potential jurors who were divorced or childless and for whom other non-racial reasons were given is not clearly erroneous.

4. Appellant urges a Batson violation because the prosecutor conducted minimal, or no, voir dire of the black prospective jurors whom he peremptorily struck.

As to each black prospective juror, the prosecutor gave multiple racially-neutral reasons for the exercise of peremptory strikes, which racially-neutral reasons the prosecutor was not required to belabor on voir dire. The prospective jurors who were peremptorily stricken either did or did not live in neighborhoods where gang activity was most prevalent, they either did or did not reside near appellant, the State’s witnesses or the scene of the crime, and they either were or were not divorced or childless. “There is no requirement that the State’s racially neutral explanation for its use of peremptory strikes be supported by a transcript of voir dire. [Cits.]” Burgess v. State, 194 Ga. App. 179, 180 (390 SE2d 92) (1990).

[T]he law provides that a prosecuting attorney’s explanation, even if it is based upon mistake or ignorance, may be sufficient to rebut a prima facie Batson showing ([cit.]), so long as it is not “ ‘ “whimsical or fanciful” ’ but is ‘neutral,’ ‘related to the case to be tried,’ and a ‘ “clear and reasonably specific,” explanation of [the] “legitimate reasons” for exercising the challenges.’ [Cit.]” [Cit.] In this case, there is no contention that anything in the record would show that [the proffered reasons did] not [apply to each prospective juror]. Accordingly, it cannot be said that the explanation [s] . . . , even if based upon mistake or ignorance, [were] whimsical or fanciful. [Cit.]

(Emphasis in original.) Bess v. State, supra at 187 (1).

This is to be contrasted with a case, such as Congdon v. State, supra, wherein the prosecutor relies upon a racial reason for the exercise of peremptory strikes. In Congdon, the prosecutor admittedly predicated his exercise of peremptory strikes upon a racially stereotypical belief that, as the result of an unrelated criminal investigation, all black residents of a particular neighborhood were prejudiced against the State’s white prosecuting witness. Since the exercise of peremptory strikes cannot be based upon racial stereotypes, the prosecutor in Congdon should have attempted to corroborate on voir dire that the black prospective jurors actually harbored the suspected prejudice against the State’s white prosecuting witness. If the prospective jurors in Congdon had then “betrayed the possible existence of [their] own racist opinions, a peremptory strike would [have been][*454] warranted.” Randolph v. State, 203 Ga. App. 115, 117 (3) (416 SE2d 117) (1992). See also Strozier v. Clark, supra at 88 (5).

Decided September 19, 1994. Gwyn P. Newsome, for appellant.

In contrast, where, as here, racially-neutral reasons are given,

the ultimate inquiry for the [trial court] is not whether counsel’s reason [s are] suspect, or weak, or irrational, but whether counsel is telling the truth in his or her assertion that the challenge is not race-based.

United States v. Bentley-Smith, 2 F3d 1368, 1375 (5th Cir. 1993).

In the typical peremptory challenge inquiry, the decisive question will be whether counsel’s race-neutral explanation for a peremptory challenge should be believed. There will seldom be much evidence bearing on that issue, and the best evidence often will be the demeanor of the attorney who exercises the challenge. As with the state of mind of a juror, evaluation of the prosecutor’s state of mind based on demeanor and credibility lies “peculiarly within a trial judge’s province.” [Cits.]

Hernandez v. New York, 500 U. S., supra at 365.

The trial court’s finding in this case that no racial motivation underlay the prosecutor’s exercise of peremptory strikes was not clearly erroneous, notwithstanding the prosecutor’s decision to avoid any possible alienation of prospective jurors which might result from asking some of them to confirm on voir dire the actual existence of prejudice which he suspected that they might harbor.

Unless peremptory strikes are to be eliminated entirely, [cit.], it cannot be concluded that the facts in this case clearly demonstrate an improper use of the peremptory privilege. . . . Peremptory strikes are intended to give validity to just this type of judgment [on the part of the prosecutor], to conclusions which, while not sufficient to justify a for cause challenge, nonetheless raise the possibility of bias [on the part of prospective jurors].

United States v. Williams, 936 F2d 1243, 1247 (11th Cir. 1991) (cited with apparent approval in Congdon v. State, supra).

Judgment affirmed.

All the Justices concur, except Sears-Collins, J., who concurs in the judgment only. Douglas C. Pullen, District Attorney, J. Mark Shelnutt, Mark C. Post, Assistant District Attorneys, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Paige M. Reese, Assistant Attorney General, for appellee.