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Barnette turned himself in to the police on June 25, 1996 at his mother's house. The Court clarified the Witherspoon holding in Wainwright v. After his arrest and Miranda warnings, Barnette took the police to the scene of Allen's murder and showed them where to find the body. Witt, noting that the juror did not have to make it “unmistakably clear that [he] would automatically vote against imposition of capital punishment” to justify the trial judge excluding him. After Barnette's arrest, the United States asserted jurisdiction over the case and indicted him on 11 counts stemming from the murders and firebombing. In Witherspoon, the Court held that a death sentence would be invalid if the jury that found it had been chosen by excluding veniremen for cause who voiced general, conscientious, or religious objections to the death penalty.
The Charlotte police, however, did not arrest Barnette. Greene looked out of the window and saw Barnette smashing the windows of Greene's car with a baseball bat. Greene attempted to call the police, but the telephone wires had been cut. Our decision in Tipton controls our review of the trial court's decision to allow the prosecution to exclude Bell. After a three-week trial in January 1998, the jury found Barnette guilty of murdering both Allen and Miss Williams, and following a separate sentencing trial, the jury recommended the death sentence for those crimes, which the court imposed. A little over a year later, their relationship soured, and Miss Williams broke up with Barnette in April 1996. A Batson challenge consists of three steps: (1) the defendant must make out a prima facie case that the peremptory challenge was based on purposeful discrimination, (2) the burden shifts to the government to produce a race neutral explanation for the peremptory challenge that is particular to the parties' case at hand, and (3) the trial court then has the duty of deciding whether the defendant has carried his burden and proved purposeful discrimination. The two moved in together in Roanoke, Virginia in March 1995.
Laughrun, II, Goodman, Carr, Nixon, Laughrun & Levine, Charlotte, North Carolina, for Appellant. Conrad, Jr., Assistant United States Attorney, Thomas G. § 2119(3); and use of a firearm while violating the Interstate Domestic Violence Act that results in death, 18 U. The break-up was not amicable, however, and Barnette continued to attempt to resume their relationship.