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STATE v. WALSTON

No. 69,696

256 Kan. 372 (1994)

STATE OF KANSAS, Appellee, v. ARTHUR L. WALSTON, Appellant.

Supreme Court of Kansas.

Opinion filed December 9, 1994.

Attorney(s) appearing for the Case

Keith C. Sevedge, of Kansas City, argued the cause, and Carl E. Cornwell, of Cornwell & Edmonds, of Overland Park, was with him on the brief for appellant.

Brian L. Leininger, assistant district attorney, argued the cause, and Nick A. Tomasic, district attorney, Diane G. Lucas, assistant district attorney, and Robert T. Stephan, attorney general, were on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This is a peremptory challenge jury selection case, alleging the State's strikes were not "race neutral." Arthur Walston was convicted of involuntary manslaughter in the shooting death of a 12-year-old girl. He alleges that the State's use of peremptory challenges to strike African-American panelists from the venire was motivated by race, violating the 14th Amendment Equal Protection Clause and Batson v...

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