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George v. State, 263 Ga.App. 541, 588 S.E.2d 312 (October 3, 2003). Finds a number of Batson violations where prosecutor struck four of five available black men on the panel, based on the totality of circumstances: evidence contradicted prosecutor’s claim about juror’s “unstable job history,” thus rendering it “so implausible and fantastic as to render the explanation pretextual;” record did not support “prosecutor’s bare assertions about” the juror smiling at defendant and frowning at prosecutor, and prosecutor made no effort to make inquiry about this behavior; struck black male for wearing earring, but allowed white male who wore earring, and did not explain how this “related to the case at hand or how it would render him unable to be a fair and impartial juror;” counsel’s “level of comfort or rapport with the juror is too vague, subjective, non-specific and non-case-related to meet the requirements of Batson ;” “[t]he mere fact that the juror was not working because he planned to go on a family vacation prior to returning to college is, under all the circumstances, such an implausible basis for striking the juror that it rises to the level of being pretextual;” and striking one juror to reach other preferred jurors can be race-neutral, but isn’t in this case where the preferred jurors are not the same race/gender and in light of the other rejected reasons. Floyd v State, 263 Ga.App. 3, 587 S.E.2d 166 (August 28, 2003). Juror’s lack of employment was a valid race-neutral strike. Jones v. State, 261 Ga.App. 698, 583 S.E.2d 546 (June 17, 2003). Reasons for strike were race-neutral: juror “seemed to be of limited education and inarticulate,” and his wife worked at homeless mission . Ware v. State, 258 Ga.App. 706, 574 S.E.2d 898 (December 4, 2002). Unemployment is an acceptable, race-neutral basis for a strike. Accord, Flanagan v. State , 265 Ga.App. 122, 592 S.E.2d 894 (January 9, 2004) (An “unstable job history” is race-neutral basis for strike.); Washington v. State , 310 Ga.App. 775, 714 S.E.2d 364 (July 13, 2011) (unstable work history and unclear employment status are race-neutral reasons to strike). White v. State, 258 Ga.App. 546, 574 S.E.2d 629 (November 22, 2002). Strike of full-time dance instructor because “people in the artistic and cosmetic professions have a different slant” is race-neutral. Juror was not so similarly situated with a part-time chorus instructor and former (unspecified) studio operator as to make trial judge’s ruling “clearly erroneous.” Shelton v. State, 257 Ga.App. 890, 572 S.E.2d 401 (October 11, 2002). Not error to reseat jurors stricken by defendant because of “working for a county water department or a corporation, being a professional, serving in the military, or pursuing a collections lawsuit.” Trial court could find these reasons to be pretextual and the strikes intentionally discriminatory: “[T]hey were neither reasonably specific nor related to the case to be tried…. Moreover, these characteristics are so general as to be common to many members of the jury pool.” Roundtree v. State, 257 Ga.App. 810, 572 S.E.2d 366 (October 9, 2002). Involvement in prison ministry is a race-neutral reason for strike. Morris v. State, 257 Ga.App. 169, 570 S.E.2d 619 (August 23, 2002). “[T]he explanation of striking an employee of a technical school because such persons tend to be conservative can be considered whimsical or fanciful,” and trial court did not err in reseating juror stricken by defendant on this excuse. See also Clemons v. State , 257 Ga.App. 96, 574 S.E.2d 535 (August 20, 2002) (holding that defendant’s proffered race-neutral explanation for two of the jurors being struck were so implausible or fantastic that the explanation was pretextual). Askew v. State, 254 Ga.App. 137, 564 S.E.2d 720 (February 15, 2002). Acceptable race-neutral reason for strikes where juror did social work for a state agency . Accord, Washington v. State , 310 Ga.App. 775, 714 S.E.2d 364 (July 13, 2011) (juror struck partially because of his wife’s employment as a social worker). Williams v. State, 253 Ga.App. 453, 559 S.E.2d 512 (January 25, 2002). Acceptable race-neutral reasons for strikes where: Prospective juror wore a lot of jewelry for someone who was single, young and working for minimum wage. King v. State, 273 Ga. 258, 539 S.E.2d 783 (November 30, 2000). Malice murder and related convictions affirmed. Strikes were race- and gender-neutral: Juror “knew King’s family and … she was the minister of a church. Accord, Devaughn v. State , 296 Ga. 475, 769 S.E.2d 70 (February 2, 2015) (juror “was a minister and would not feel comfortable sitting in judgment of others.”).
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