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PEOPLE v. BELL

Docket No. 125375. Calendar No. 2.

702 N.W.2d 128 (2005)

473 Mich. 275

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Marlon BELL, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 21, 2005.

As Amended on Denial of Rehearing September 23, 2005.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Kym L. Worthy, Prosecuting Attorney, and Timothy A. Baughman, Chief of Research, Training, and Appeals, Detroit, MI, for the people.

State Appellate Defender (by Douglas W. Baker), Detroit, MI, for the defendant.

OPINION

CORRIGAN, J.

In this case, we consider whether the trial court failed to follow the three-step process of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), when it prohibited defendant from exercising his right to two peremptory challenges and, if so, whether that error is structural and, thus, requires automatic reversal. In Batson, the United States Supreme Court held that a peremptory...

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