Penn v. State

ON REMAND FROM ALABAMA SUPREME COURT In accordance with the Alabama Supreme Court's decision inEx parte Penn, 539 So.2d 319 (Ala. 1987), this cause is remanded to the trial court on the authority of Ex parteJackson, 516 So.2d 768 (Ala. 1986), in order for the trial court to determine whether these facts present a prima facie case of purposeful discrimination. If the trial court so determines and the prosecutor is unable to come forward with race-neutral explanations for its strikes, then the appellant is entitled to a new trial. REMANDED WITH INSTRUCTIONS. All Judges concur. ON RETURN TO REMAND