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Ramirez v. State

Defendant failed to make a prima facie case for an equal protection violation based on his claim that African-Americans were underrepresented on the 2000 grand jury source list which was drawn from the 1990 Census.

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Bautista Ramirez has been indicted on one count of malice murder, one count of felony murder, two counts of aggravated assault, two counts of aggravated battery, and one count of carrying a concealed weapon. The charges arise out of the fatal shooting of a Doraville police officer and the non-fatal shooting of a security guard at a nightclub. The trial court filed an order authorizing an application for interim review in this Court, and, exercising its power to order issues addressed that were not raised by the parties on application for interim review, this Court directed the parties to address the following two questions:

1. Whether the trial court erred in denying the defendant’s motion to quash his indictment insofar as that motion addressed the alleged under-representation of “African-Americans” on the source list from which his grand jury was selected.

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