Moore v. State

I respectfully dissent from the majority opinion. I do not believe that a prima facie case of discrimination was established by the fact that the State struck one of two black veniremembers. Further, the majority seems to believe that the reason the juror was struck was that she lived in the area where this crime occurred. From my examination of the record, it appears that the State struck the juror because she had heard of a police officer who was going to testify for the state and who had been charged with discrimination by the black community. I believe this is a legitimate reason for striking this juror; I cannot conclude that the trial court's ruling that the prosecution's strike was race-neutral was "clearly erroneous." Ex parte Bui, 627 So.2d 855 (Ala. 1992). Therefore, I must dissent.