# Ex Parte Bird

> Supreme Court of Alabama · December 6, 1991 · 594 So. 2d 676

URL: https://www.frixlaw.com/law-library/cases/9932012

## Case

- **Full name:** Ex Parte Terry Bird. (Re Terry Bird v. State of Alabama). Ex Parte Jacob Warner. (Re Jacob Warner v. State of Alabama).
- **Court:** Supreme Court of Alabama
- **Decided:** December 6, 1991
- **Citations:** 594 So. 2d 676; 1991 WL 255213
- **Precedential status:** Published
- **Opinion:** Concurrence by Hornsby
- **Judges:** Adams, Hornsby
- **Cited by:** 225 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9932012

## How later opinions describe it (automated extraction)

- finding that the fact that judgments in cases tried by the Montgomery County District Attorney's Office had 88 CR-21-0109 been reversed on four occasions for violating Batson, coupled with other factors, "supports the defendants' contentions and raises an inference of discrimi…
- finding that, because judgments in cases tried by the Montgomery County District Attorney's Office had been reversed on four occasions for violating Batson, coupled with other factors "supports the defendants' contentions and raises an inference of discriminatory intent"
- stating that where the reasons are facially race neutral, however, a weak or non-existent prima facie case weighs against the finding of pretext

## Opinion text

I concur with Justice Adams's opinion as to its holding that the State violated the principle of Batson v. Kentucky , 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). I concur in the result as to the holding that Powers v. Ohio , ___ U.S. ___, 111 S.Ct. 1364 , 113 L.Ed.2d 411 (1991), gives Bird standing to raise the Batson issue as a matter of federal constitutional law. I do not base my decision in this issue on any interpretation or application of Alabama law.
SHORES, HOUSTON, STEAGALL and KENNEDY, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9932012. Public record. Not legal advice.