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STATE v. PORTER

No. CR-20-0147-PR.

491 P.3d 1100 (2021)

STATE of Arizona, Appellee, v. Keyaira PORTER, Appellant,

Supreme Court of Arizona.

Filed July 22, 2021.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Brunn (Beau) W. Roysden, III , Solicitor General, Michael T. O'Toole (argued), Chief Counsel, Criminal Appeals Section, Linley Wilson , Deputy Solicitor General/Chief of Criminal Appeals, Phoenix, Attorneys for State of Arizona.

James J. Haas , Maricopa County Public Defender; Mikel Steinfeld (argued), Deputy Public Defender, Phoenix, Attorneys for Keyaira Porter.

Jared G. Keenan , Phoenix, Attorney for Amicus Curiae American Civil Liberties Union Foundation of Arizona and Arizona Attorneys for Criminal Justice; and Daniel A. Arellano , Ballard Spahr LLP, Phoenix, Attorneys for Amicus Curiae Los Abogados Hispanic Bar Association Inc.

JUSTICE LOPEZ authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, JUSTICES BOLICK and BEENE, and JUDGE ECKERSTROM joined.

¶1 We consider whether, when a Batson challenge is raised, a trial court must make express findings on the credibility of a demeanor-based justification for a peremptory strike when a non-demeanor-based justification is also offered and there is no evidence that either justification is pretextual...

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