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STATE v. COOK

No. 67332-7-I.

312 P.3d 653 (2013)

175 Wash.App. 36

STATE of Washington, Respondent, v. Misty Lou COOK, Defendant, and Pierre Daniel Spencer-Wade, and each of them, Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered May 28, 2013.

Attorney(s) appearing for the Case

Nancy P. Collins , Washington Appellate Project, Seattle, WA, for Appellant.

Brian Martin McDonald , King County Prosecuting Attorney, Seattle, WA, for Respondent.

GROSSE, J.

¶ 1 A prosecutor's proffered reasons for the peremptory challenge of one of two African-American jurors on the venire are not sufficient to defeat a Batson challenge where, as here, the proffered reasons for the strike are unsupported by the record, appear "pretextual" because similar jurors were not excused from sitting, or appear to be mere "proxy" reasons for racially motivated excusal. Moreover, the record reflects that the trial court misapprehended...

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