Kirkland v. State

The trial court did not err in denying the co-defendants' Batson challenges to the state's peremptory strikes of four African-American jurors, as they failed to rebut the state's explanations for the strikes and such explanations were not so implausible as to render them pretextual.

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Following a joint jury trial, David L. Kirkland and Rickey Bailey were both convicted of armed robbery OCGA § 16-8-41 a. Bailey was also convicted of aggravated assault OCGA § 16-5-21 a 1. Both appeal from the trial court’s denial of their respective motions for new trial. In Case No. A11A1891, Kirkland contends that i the evidence was insufficient to sustain his conviction; ii the trial court erred in denying his challenges to the State’s four peremptory strikes under Batson v. Kentucky , 476 U. S. 79 106 SC 1712, 90 LE2d 69 1986; iii the trial court erred in allowing the State to admit inadmissible hearsay; iv the trial court erred in admitting into evidence bloody money, clothing, and photographs; v the prosecutor impermissibly commented on his failure to testify at trial; vi the trial court violated the continuing witness rule by permitting trial witnesses’ written statements to go out to the jury during deliberations; vii the bailiff engaged in unauthorized communications with the jury during jury deliberations; and viii trial counsel provided ineffective assistance.

In Case No. A11A1968, Bailey contends that i the trial court erred in denying his Batson challenges; ii the prosecutor impermissibly commented on his failure to testify; and iii trial counsel was ineffective for failing to object to a violation of the continuing witness rule. Discerning no error, we affirm in both cases.

Kirkland v. State

The trial court did not err in denying the co-defendants' Batson challenges to the state's peremptory strikes of four African-American jurors, as they failed to rebut the state's explanations for the strikes and such explanations were not so implausible as to render them pretextual.

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