State v. Carr

413 S.E.2d 192, 261 Ga. 845, 35 Fulton County D. Rep. 21, 1992 Ga. LEXIS 150

Opinions

Per curiam.

Willie J. Carr, a black man, was indicted for drug-related offenses. In striking the jury to try his case, Carr used 15 peremptory strikes to remove 15 white persons from the jury panel. The state used two peremptory strikes to remove two black persons from the panel. The jury selected to try Carr’s case consisted of 11 black persons and one Hispanic person.

The state then moved under Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986), to require the defendant to articulate race-neutral grounds for striking all white persons from the jury. The trial court denied this motion, and we granted the state’s application for interlocutory appeal.

Subsequently this court decided State v. McCollum, 261 Ga. 473 (405 SE2d 688) (1991), in which we declined to prohibit a criminal defendant from exercising peremptory challenges to jurors on the basis of race. Because McCollum controls the case before us, the judgment of the trial court is affirmed.

Judgment affirmed.

Clarke, C. J., Weltner, P. J., and Bell, J., concur; Fletcher, J., concurs specially; Hunt and Benham, JJ., dissent.