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STATE v. SCHOLL

No. 2 CA-SA 87-0039.

154 Ariz. 426 (1987)

743 P.2d 406

The STATE of Arizona, Petitioner, v. Honorable William L. SCHOLL, Judge of the Superior Court, In and For the County of Pima, Respondent, and Gary Lorenzo BATES, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied September 22, 1987.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima Co. Atty. by Louis M. Spivack and John R. Gustafson, Tucson, for petitioner.

Frederic J. Dardis, Pima County Public Defender by Carol Wittels, Tucson, for real party in interest.

OPINION

LACAGNINA, Judge.

This special action was taken from a mistrial declared by the respondent judge, following the refusal of the State to use one of its peremptory challenges to strike a white juror in order that the only black member of the venire could serve on the petit jury in the trial of the real party in interest, who is also black. The issue presented is one of statewide importance, involving the application of Batson v. Kentucky,

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