Opinion · Supreme Court of Alabama
Ex Parte Weaver
Ex Parte Weaver, 682 So. 2d 493 (Ala. 1996)
- Type
- Opinion
- Court
- Supreme Court of Alabama
- Jurisdiction
- Alabama
- Date
- 1996-09-13
- Topic
- general
WRIT DENIED. NO OPINION. HOOPER, C.J., and ALMON and INGRAM, JJ., concur. HOUSTON, J., concurs specially, with opinion.
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- Cited by
- 6 opinions
EX PARTE WEAVER,682 So.2d 493(Ala. 1996)
Ex parte Jerry Lamar WEAVER.
(In re Jerry Lamar WEAVER v. STATE).
Supreme Court of Alabama.
Petition for Writ of Certiorari to the Court of Criminal Appeals (Washington Circuit Court, CC-95-006; Court of Criminal Appeals, CR-94-1788); J. Lee McPhearson, Judge.
C. Robert Montgomery, Chatom, for Petitioner.
No brief filed for Respondent.
BUTTS, Justice.
WRIT DENIED. NO OPINION.
HOOPER, C.J., and ALMON and INGRAM, JJ., concur.
HOUSTON, J., concurs specially, with opinion.
HOUSTON, Justice (concurring specially).
I believe in all parties' right to the peremptory challenge, and I have struggled to try to preserve that right and comply withBatson v. Kentucky,476 U.S. 79,106 S.Ct. 1712,90 L.Ed.2d 69(1986). The United States Supreme Court inPurkettv. Elem, ___ U.S. ___,115 S.Ct. 1769,131 L.Ed.2d 834(1995), encouraged me in my hope that the peremptory challenge would survive. However, the majority of this Court refuses to allowPurkett v. Elemto control Alabama's peremptory challenge procedure.Ex parte Bruner,681 So.2d 173(Ala. 1996). I do not see how the peremptory challenge can permanently endure with litigants having the right to peremptorily challenge some jurors but not other jurors. Do all potential jurors not have an equal right to serve as jurors regardless of race or gender?