Van Scoy v. State

Court of Criminal Appeals of Alabama

Van Scoy v. State

568 So. 2d 395, 1990 Ala. Crim. App. LEXIS 184, 1990 WL 68616

CourtCourt of Criminal Appeals of Alabama

DecidedApril 12, 1990

Docket8 Div. 740

StatusPublished

This text of 568 So. 2d 395 (Van Scoy v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Van Scoy v. State, 568 So. 2d 395, 1990 Ala. Crim. App. LEXIS 184, 1990 WL 68616 (Ala. Ct. App. 1990).

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Opinion

ON RETURN TO REMAND

McMillan, judge.

This cause was remanded to the trial court for a hearing in accordance with Ex parte Branch, 526 So.2d 609 (Ala.1987). The trial court has returned its findings of-fact, it concluded that the district attorney did not present racially neutral explanations for its strikes against black members of the venire in accordance with Ex parte Branch, supra. Therefore, the trial court has granted a mistrial. As the trial court was in the best position to make this determination, and no error in judgment is apparent on the face of the record, this appeal is dismissed. See Scales v. State, 539 So.2d 1074 (Ala.1988).

OPINION EXTENDED; APPEAL DISMISSED.

All Judges concur.

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ON RETURN TO REMAND

McMillan, judge.

This cause was remanded to the trial court for a hearing in accordance with Ex parte Branch, 526 So.2d 609 (Ala.1987). The trial court has returned its findings of-fact, it concluded that the district attorney did not present racially neutral explanations for its strikes against black members of the venire in accordance with Ex parte Branch, supra. Therefore, the trial court has granted a mistrial. As the trial court was in the best position to make this determination, and no error in judgment is apparent on the face of the record, this appeal is dismissed. See Scales v. State, 539 So.2d 1074 (Ala.1988).

OPINION EXTENDED; APPEAL DISMISSED.

All Judges concur.

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Bluebook (online)

568 So. 2d 395, 1990 Ala. Crim. App. LEXIS 184, 1990 WL 68616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-scoy-v-state-alacrimapp-1990.

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