# Miesner v. State

> Court of Criminal Appeals of Alabama · February 10, 1995 · 665 So. 2d 978

URL: https://www.frixlaw.com/law-library/cases/9933876

## Case

- **Full name:** Kathryn Jane Miesner v. State.
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** February 10, 1995
- **Citations:** 665 So. 2d 978; 1995 WL 157066
- **Precedential status:** Published
- **Opinion:** Dissent by Cobb
- **Judges:** Cobb, Taylor
- **Cited by:** 5 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/9933876

## Opinion text

The majority recognizes in its opinion that "this court has stated that when a reason, although suspect, is accompanied by a nonracial reason, the strike of the prospective juror does not violate Batson. Williams v. State , 627 So.2d 985
(Ala.Cr.App. 1991), on rehearing, 627 So.2d 994
(Ala.Cr.App. 1992); Clark v. State , 621 So.2d 309
(Ala.Cr.App. 1992)." 665 So.2d at 980. Although the prosecutor gave some race-neutral reasons for his strikes, the majority concludes that because the prosecutor mentioned that race also was a factor in his decision in making some of those strikes, a per se Batson violation occurred. I believe that when the state or a defendant provides a race-neutral reason for striking a juror in addition to a reason that is not race-neutral, the trial court should, as it did here, disregard the reason that is not race-neutral. If indeed the other reasons are race-neutral, then the strike should be upheld. I cannot say that the trial judge's decision on this matter was clearly erroneous. Ex parte Bankhead , 625 So.2d 1146 (Ala. 1993); Ex parte Branch , 526 So.2d 609 , 625-26 (Ala. 1987). For this reason, I dissent. *Page 982

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9933876. Public record. Not legal advice.