(DOWNLOAD) "State Missouri v. Donnell Starks" by Supreme Court of Missouri * eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Donnell Starks
- Author : Supreme Court of Missouri
- Release Date : January 21, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Donnell Starks appeals from a conviction of robbery in the first degree in violation of § 569.020, RSMo 1986. The
trial court found appellant to be a prior and persistent offender and sentenced him to life imprisonment. Appellant filed
a Rule 29.15 motion for post-conviction relief, which was overruled without an evidentiary hearing. Appellant appeals both
the judgment of the trial court and the judgment of the motion court. On his direct appeal appellant contends that the trial
court erred in denying his motion under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and finding
that appellant had not established a prima facie case of discrimination in jury selection without requiring the prosecutor
to provide race-neutral explanations for the state's peremptory strikes. On appeal from the judgment of the motion court,
appellant argues that the motion court erred in not conducting a hearing on his claim of ineffective assistance arising from
counsel's failure to call him as a witness. The Missouri Court of Appeals, Eastern District, affirmed the judgment of the
motion court and transferred the case to this Court for reexamination of State v. Antwine, 743 S.W.2d 51 (Mo. banc 1987).
Remanded. Appellant contends that the trial court erred in overruling his Batson motion and finding that appellant had not made a prima
facie case of discrimination in jury selection without requiring the prosecutor to give race-neutral explanations for the
state's peremptory strikes of five African-American venirepersons.
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