George v. State

The trial court clearly erred in denying the defendant's Batson challenge because the explanations given by the state for striking four of the five available African-American males from the jury were pretextual.

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Jeffrey George was indicted for aggravated battery, aggravated assault and possession of a destructive device. He pled not guilty to the charges, and was tried before a jury. At trial, the state presented evidence that George confronted the victim with a beer bottle that contained lacquer thinner and had a rag stuck in it, that he tried to light the rag, that lacquer thinner splashed on the victim, and that he then used a lighter to ignite the thinner on the victim’s shirt. The jury acquitted George of aggravated battery, but found him guilty of aggravated assault and possession of a destructive device. The trial judge sentenced George to fifteen years in confinement. George moved for a new trial, contending that the court erred in failing to grant a mistrial after improper comments on his right to silence and in denying his Batson 1 challenge to the state’s use of its peremptory strikes during jury selection. The trial court denied the motion, and George appeals from that denial. Although we find no error in the trial court’s refusal of a mistrial after reference to George’s exercise of his right to silence, we do find error in the trial court’s denial of George’s Batson challenge. We therefore reverse the judgment of conviction and remand the case for a new trial.

1. George claims that twice during the testimony of a fire investigator there were improper comments about George’s exercise of his right to remain silent. The claim is without merit.

George v. State

The trial court clearly erred in denying the defendant's Batson challenge because the explanations given by the state for striking four of the five available African-American males from the jury were pretextual.

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