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JONES v. STATE

No. 111, Sept. Term, 1995.

683 A.2d 520 (1996)

343 Md. 584

Anzelo JONES a/k/a Angelo Jones v. STATE of Maryland.

Court of Appeals of Maryland.

October 10, 1996.

Attorney(s) appearing for the Case

Shannon E. Avery, Assistant Public Defender (Stephen E. Harris, Public Defender, on brief), Baltimore, for Petitioner.

Gary E. Bair, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General, on brief), Baltimore, for Respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.

BELL, Judge.

I.

This case presents an issue left unresolved in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). In that case, Justice Powell, writing for the Supreme Court, commented:

[W]e express no view on whether it is more appropriate in a particular case, upon a finding of discrimination against black jurors, for the trial court to discharge the venire and select a new jury from a...

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