Even if Harper had presented this evidence, we recently denied Batson claims based on similar statistics. See Sheppard v. Davis, 967 F.3d 458, 472 (5th Cir. 2020), cert. denied sub nom. Sheppard v. Lumpkin, — U.S. —, 141 S. Ct. 2677, 210 L.Ed.2d 837 (2021). Next, we consider Harper's argument that each of the prosecutor's five stated reasons for striking Banks was pretextual.
The Fifth Circuit instructs that “[a]bsent any evidence to the contrary, we presume that the jury followed those curative instructions” delivered by the court. Sheppard v. Davis, 967 F.3d 458, 471 (5th Cir. 2020), cert. denied sub nom. Sheppard v. Lumpkin, 210 L.Ed.2d 837 (May 24, 2021).