People v. Payne

Defendant was convicted, after jury trial, of aggravated vehicular hijacking and aggravated battery. State's use of peremptory challenges did not evince a discriminatory purpose, as potential jurors who were stricken all made comments which indicated they might not be impartial. As hearing on posttrial motion occurred more than three months after jury selection, prosecutor's lack of recall as to specific reason for striking potential juror does not establish that her stated reason was pretextual. Court's finding that State established a valid and race-neutral reason to exclude potential juror is not clearly erroneous. (SCHOSTOK and ZENOFF, concurring.)