United States v. Grady Dominic Cunningham, 814 F.2d 655, 4th Cir. (1987)
United States v. Grady Dominic Cunningham, 814 F.2d 655, 4th Cir. (1987)
2d 655
Unpublished Disposition
M.D.N.C.
REMANDED..
Appeal from the United States District Court for the Middle District of
North Carolina, at Rockingham. Frank W. Bullock, Jr., District Judge.
(CR-84-203-01-R).
Before HALL, SPROUSE and WILKINSON, Circuit Judges.
John A. Dusenbury, Jr. (Smith, Patterson, Follin, Curtis, James &
Harkavy, on brief), for appellant.
Paul A. Weinman, Assistant United States Attorney (Kenneth W.
McAllister, United States Attorney; Becky M. Strickland, Paralegal
Specialist, on brief), for appellee.
PER CURIAM:
Cunningham contends that the prosecutor's selection of the jury was racially
motivated. This court held the case pending the Supreme Court's decision in
Griffith v. Kentucky, 107 S.Ct. 708 (1987), which addressed the retroactive
application of Batson v. Kentucky, 106 S.Ct. 1712 (1986). In Griffith, the
Supreme Court held that Batson was applicable to cases on direct appeal. 107
S.Ct. 716. Therefore, we remand this case to the district court for
reconsideration of appellant's contention in light of Batson.