Evans v. State

Full title: Sheila Ann EVANS v. STATE

Court: Court of Criminal Appeals of Alabama

Date published: Aug 20, 1993

655 So. 2d 48 (Ala. Crim. App. 1993)

Opinion

CR-91-1534.

April 16, 1993. Rehearing Denied May 28, 1993. Certiorari Denied August 20, 1993 Alabama Supreme Court 1921353.

Appeal from Russell Circuit Court; Paul Miller, Judge.

David Byrne, Jr. and Elizabeth Kellum, Montgomery, for appellant.

James H. Evans, Atty. Gen., and Gregory Griffin, Sr., Asst. Atty. Gen., for appellee.

PATTERSON, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

TAYLOR and McMILLAN, JJ., concur.

BOWEN, J., concurs in result only.

MONTIEL, J., dissents with opinion.

MONTIEL, Judge, dissenting.

I dissent from the majority's holding in Part III of the court's memorandum that Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1976), does not extend to gender-based strikes. I adhere to my dissent as expressed in Bankhead v. State, 625 So.2d 1141 (Ala.Crim.App. 1992).