App. 33. The Alabama Court of Civil Appeals affirmed, 606 So.2d 156 (1992), relying on Alabama precedent, see, e.g., Murphy v. State, 596 So.2d 42 (Ala.Crim.App.1991), cert. denied, --- U.S. ----, 113 S.Ct. 86, 121 L.Ed.2d 49 (1992), and Ex parte Murphy, 596 So.2d 45 (Ala.1992).

The jury found petitioner to be the father of the child, and the court entered an order directing him to pay child support. On post-judgment motion, the court reaffirmed its ruling that Batson does not extend to gender-based peremptory challenges. App. 33. The Alabama Court of Civil Appeals affirmed, 606 So.2d 156 (1992), relying on Alabama precedent, see, e.g., Murphy v. State, 596 So.2d 42 (Ala.Crim.App. 1991), cert. denied, 506 U.S. 827 (1992), and Ex parte Murphy, 596 So.2d 45 (Ala. 1992). The Supreme Court of Alabama denied certiorari, No. 1911717 (Oct. 23, 1992).

See United States v. DeGross, 913 F.2d 1417 (9th Cir. 1990), aff'd en banc, 960 F.2d 1433 (9th Cir. 1992). See Murphy v. State, 596 So.2d 42 (Ala.Cr.App. 1991); Potts v. State, 376 S.E.2d 851 (Ga. 1989); People v. Crowder, 515 N.E.2d 783 (Ill.App. 1987); Hannan v. Commonwealth, 774 S.W.2d 462 (Ky.App. 1989); State v. Adams, 533 So.2d 1060 (La.App. 1988); State v. Clay, 779 S.W.2d 673 (Mo.App. 1989); State v. Culver, 444 N.W.2d 662 (Neb. 1989); State v. Oliviera, 534 A.2d 867 (R.I. 1987). Batson has been extended to encompass gender in Tyler v. State, 623 A.2d 648 (Md. 1993); State v. Gonzales, 808 P.2d 40 (1991); People v. Irizarry, 560 N.Y.S. 279 (A.D. 1 Dept. 1990); City of Mandan v. Fern, 501 N.W.2d 739 (N.D. 1993); State v. Burch, 830 P.2d 357 the Maryland and New Mexico state constitutions.

Parker v. Ellis, 362 U.S. 574, 576, 80 S.Ct. 909, 911, 4 L.Ed.2d 963 (1960). For example, last year the United States Supreme Court denied a petition for certiorari review raising the issue of whether the principle of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), applies to gender-based peremptory strikes, Murphy v. State, 596 So.2d 42 (Ala.Cr.App. 1991), cert. denied, ___ U.S. ___, 113 S.Ct. 86, 121 L.Ed.2d 49 (1992), but in another case that Court has recently granted a certiorari petition raising the same issue. J.E.B. v. State, 606 So.2d 156 (Ala.Civ.App. 1992), cert. granted, ___ U.S. ___, 113 S.Ct. 2330, 124 L.Ed.2d 242 (1993). Based on the foregoing, I believe that the "slightest nexus" test gives more effect to Congress's intent in enacting the FAA, which was "to provide for the enforcement of arbitration agreements within the full reach of the Commerce Clause."

"Murphy v. State, 596 So.2d 42 (Ala.Crim.App. 1991). Based upon my reading of Batson and the cases of the United States Supreme Court extending Batson, I conclude that Batson does apply to gender-based strikes. It appears to me, based on the various holdings of the United States Supreme Court, that when the issue of gender-based strikes is squarely presented to it, that Court will hold that the State, in a criminal case, cannot use its peremptory challenges to exclude either men or women, as a cognizable group, from jury service solely because of their sex.

More specifically, he contends that the trial court erred by denying his "motion for mental evaluation and of psychiatrist." In Murphy v. State, 596 So.2d 42, 44 (Ala.Cr.App. 1991), writ denied, 596 So.2d 45 (Ala.), cert. denied, ___ U.S. ___, 113 S.Ct. 86, 121 L.Ed.2d 49 (1992), this court stated: " 'A presumption of competency attends a witness.

"Use of some but not all of the terminology found offensive in Cage does not automatically constitute reversible error. Stewart v. State, 601 So.2d 491 (Ala.Cr.App. 1992), rev'd in part and remanded on other grounds, [Ms. 1920509, September 3, 1993] 659 So.2d 122 (Ala. 1992); Williams [ v. State, 601 So.2d 1062 (Ala.Cr.App. 1991)]; Murphy v. State, 596 So.2d 42 (Ala.Cr.App. 1991), writ denied, 596 So.2d 45 (Ala.), cert. denied, 506 U.S. 827, 113 S.Ct. 86, 121 L.Ed.2d 49 (1992); Adams v. State, 587 So.2d 1265 (Ala.Cr.App. 1991). "Recently, the United States Supreme Court revisited the reasonable doubt charge in Victor v. Nebraska, ___ U.S. ___, 114 S.Ct. 1239, 127 L.Ed.2d 583 (1994).

Use of some but not all of the terminology found offensive in Cage does not automatically constitute reversible error. Stewart v. State, 601 So.2d 491 (Ala.Cr.App. 1992), rev'd in part and remanded on other grounds, 659 So.2d 122 (Ala. 1992); Williams, supra; Murphy v. State, 596 So.2d 42 (Ala.Cr.App. 1991), writ denied, 596 So.2d 45 (Ala.), cert. denied, 506 U.S. 827, 113 S.Ct. 86, 121 L.Ed.2d 49 (1992); Adams v. State, 587 So.2d 1265 (Ala.Cr.App. 1991). Recently, the United States Supreme Court revisited the reasonable doubt charge in Victor v. Nebraska, 511 U.S. 1, 114 S.Ct. 1239, 127 L.Ed.2d 583 (1994).

He contends that the strikes were exercised against these individuals based solely on their race and gender. It is a close question as to whether the appellant preserved the gender based claim for review. In any event, there is no merit to this issue as a majority of this court has determined that gender based strikes do not violate Batson. Murphy v. State, 596 So.2d 42 (Ala.Crim.App. 1991); Bankhead v. State, [Ms. 6 Div. 370, February 28, 1992] ___ So.2d ___ (Ala.Crim.App. 1992); Williams v. State, 607 So.2d 321 (Ala.Crim.App. 1992). But see Bankhead (Bowen, J., and Montiel, J., dissenting) ( Batson is applicable to gender based discrimination); Williams, (Montiel, J., dissenting) ( Batson applies to the systematic exclusion of males).

We note, however, that the Alabama Supreme Court has not determined that there is a gender-based argument. Murphy v. State, 596 So.2d 42 (Ala.Cr.App. 991). III.