No. 1980239.Supreme Court of Alabama.
Decided May 14, 1999.
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS, (Houston Circuit Court, CC-96-845; Court of Criminal Appeals, CR-96-0795); S. Edward Jackson, Judge.
Michael Crespi, Dothan, for petitioner.
Bill Pryor, Atty. Gen., and Stephanie N. Morman, asst. atty. gen., for respondent.
LYONS, Justice.
The petition for the writ of certiorari is denied.
Our denial of the petition should not be taken as approval of the following statement in the Court of Criminal Appeals’ opinion:
“`When the evidence shows only that blacks were struck and that a greater percentage of blacks sat on the jury than sat on the lawfully established venire, an inference of discrimination has not been created.’ Edwards [v. State], 628 So.2d [1021, 1024 (Ala.Crim.App. 1993)], quoting Harrell v. State, 571 So.2d 1270, 1271 (Ala. 1990).”
Young v. State, 724 So.2d 69, 74 (Ala.Crim.App. 1998). This Court expressly overruled that statement of law in Ex parteThomas, 659 So.2d 3 (Ala. 1994).
WRIT DENIED.
Hooper, C.J., and Houston, Cook, and Johnstone, JJ., concur.