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STATE OF LOUISIANA VERSUS BRYANT K. BRASTFIELD

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NO. 2008-KA-0560 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA

BELSOME, J. CONCURS WITH REASONS.

While we must recognize and follow the mandates of Batson and its progeny, this writer finds the trend of catchphrases and code words with respect to juror challenges troubling. In a vacuum, the race-neutral explanations posed by the State in the instant case appear genuine. Considering the totality of the facts and circumstances, however, the sincerity of the State's challenges is arguably questionable. Notably, a recent law review article observed that while "demeanor-based challenges enjoy exceptional deference on appellate review, [] perhaps the inference of discrimination from pretext should outweigh demeanor-based deference." Jury Selection

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