State v. Carr

Supreme Court of Georgia

State v. Carr

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

CourtSupreme Court of Georgia

DecidedFebruary 6, 1992

DocketS91A1595

StatusPublished

Cited by9 cases

This text of 413 S.E.2d 192 (State v. Carr) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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