STATE v. HORTON

No. 93-3380.

195 Wis.2d 280 (1995)

536 N.W.2d 155

STATE of Wisconsin, Plaintiff-Respondent, v. Steven R. HORTON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 14, 1995.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James E. Aschenbrener of Aschenbrener, Arnold & Artery, S.C. of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Thomas J. Balistreri, assistant attorney general.

Before Brown, Nettesheim and Snyder, JJ.


SNYDER, J.

Steven R. Horton appeals from an order denying his § 974.06, STATS., postconviction motion for relief from a 1987 conviction for second-degree intentional homicide and endangering safety by conduct regardless of life. Horton, who is white, argues that his right to equal protection under the Fourteenth Amendment was violated when the prosecutor used a peremptory strike to remove the sole black person from the venire. Horton relies on Powers v. Ohio...

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