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HARVEY v. STATE

No. 18A02-9303-CR-131.

621 N.E.2d 362 (1993)

Donovan HARVEY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

September 29, 1993.

Attorney(s) appearing for the Case

Geoffrey A. Rivers, Muncie, for appellant-defendant.

Pamela Carter, Atty. Gen. of Indiana and Suzann Weber Lupton, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee-plaintiff.

BAKER, Judge.

Today, we consider what factors must exist to require the striking of an all white jury venire when the defendant is black. Appellant-defendant Donovan Harvey appeals the trial court's refusal to empanel a new jury venire and its exclusion of alibi evidence. He seeks a new trial on his conviction for Dealing in Cocaine, a Class B felony.2 We affirm.

FACTS

On April 8, 1992, Muncie Police Officer Mark...

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