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GRAY v. STATE

No. 77, September Term, 1988.

317 Md. 250 (1989)

562 A.2d 1278

ISAAC GRAY v. STATE OF MARYLAND.

Court of Appeals of Maryland.

September 8, 1989.

Attorney(s) appearing for the Case

Michael R. Braudes, Asst. Public Defender (Alan H. Murrell, Public Defender, on brief), of Baltimore, for petitioner.

Dennis M. Sweeney, Deputy Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Jillyn K. Schulze, Asst. Atty. Gen., on brief), Baltimore, for respondent.

Argued before ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals of Maryland (retired), Specially Assigned.

McAULIFFE, Judge.

This case involves the proper procedure to be followed when there is a claim of racial discrimination by the exercise of peremptory challenges. Batson v. Kentucky, 476 U.S. 79, 93-96, 106 S.Ct. 1712, 1721-24, 90 L.Ed.2d 69 (1986), held that where the totality of circumstances surrounding a prosecutor's exercise of peremptory challenges established a prima facie case of racial discrimination, the burden was cast...

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