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STATE v. PALEO

No. CR-00-0284-PR.

22 P.3d 35 (2001)

200 Ariz. 42

STATE of Arizona, Appellee, v. Joseph PALEO, Appellant.

Supreme Court of Arizona, En Banc.

April 26, 2001.

Attorney(s) appearing for the Case

Janet Napolitano, Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section and Joseph T. Maziarz, Assistant Attorney General, Phoenix, Attorneys for the State of Arizona.

James J. Haas, Maricopa County Public Defender by Spencer D. Heffel, Deputy Public Defender, Phoenix, Attorneys for Joseph Paleo.

OPINION

MARTONE, Justice.

¶ 1 We granted review to decide whether the waiver of peremptory strikes during jury selection is sufficient alone to constitute a prima facie case of discrimination under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). We conclude that, while waiver may be a relevant circumstance in establishing a prima facie case, it is insufficient standing alone.

I....

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