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Salter v. State

March 23, 1999

JERRY SALTER A/K/A JERRY LEWIS SALTER APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



The opinion of the court was delivered by: Southwick, J.,

DATE OF JUDGMENT: FEBRUARY 16, 1996

TRIAL JUDGE: HONORABLE LEE J. HOWARD

COURT FROM WHICH APPEALED: LOWNDES COUNTY CIRCUIT COURT

DISTRICT ATTORNEY: FORREST ALLGOOD

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: MURDER; LIFE SENTENCE

DISPOSITION: AFFIRMED - 03/23/99

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

EN BANC

¶1. On March 24, 1998, we rejected all but one of Jerry Lewis Salter's arguments in the appeal of his conviction for murder of Willie "Jake" Shield. The one reserved issue was whether the State had exercised its peremptory challenges in a racially discriminatory manner. After a remand to the Circuit Court on that issue, a hearing regarding the jury challenges was held. The trial court found that the State had not improperly used its challenges. We affirm.

¶2. The facts and holding on initial appeal of this case are explained in the 1998 opinion of this Court and is incorporated as an appendix. There we discussed the allegation that the State exercised its peremptory challenges in a manner to violate Batson v. Kentucky, 476 U.S. 79 (1986). We found that a prima facie case sufficient to require the State to explain its reasons for the challenges had been made at trial. The court on remand was to conduct a hearing to elicit the State's reasons for the challenges. The following were the choices for the trial Judge:

"After conducting the hearing, unless the trial court finds no purposeful discrimination by the State, a new trial must be ordered. If the court concludes that there was no impermissible discrimination, then the court should "by opinion and order make its factual findings and certify the same to this Court."" (Thorson v. State, 653 So. 2d 876, 896 (Miss. 1994)).

ΒΆ3. At the hearing the State explained each of its six challenges, all used against black veniremen. The trial Judge explained that he had made and retained "pretty copious notes" from the earlier proceedings. The prosecution also had retained information from that ...


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