following Hernandez v. New York, 500 U.S. 352 (1991)
How later courts described this case
- following Hernandez v. New York, 500 U.S. 352 (1991)
Written by the judges who cited it.
The opinion
CLINTON, Judge,
concurring.
I agree with Judge Meyers that the court of appeals erred to conclude appellant did not present a prima facie case of Batson error in this cause. In my view, however, the trial court has yet to conduct a full-scale, proper Batson hearing on the question whether the prosecutor’s motives were in fact race neutral. I would therefore remand the cause to the trial court for an out of time Batson hearing to determine that issue.
MALONEY, J., concurs in the result.