Court: All right. Thank you for how each of you efficiently did that. I’ll see everybody at 2:30. The court declared the recess without ruling on Abell’s objection. When court re convened at 2:30 p.m., the prosecution and defense made their opening statements and the State began its case in chief. Three days later, on June 12, the jury found Bui guilty of capital murder and recommended a death sentence. On July 11, 1986, the court accepted the jury’s recommendation and sentenced Bui to death. The Alabama Court of Criminal Appeals and the Alabama Supreme Court affirmed the conviction and sentence. B. The United States Supreme Court vacated both appellate decisions and remanded the case for reconsideration in light of Powers v. Ohio, 499 U.S. 400, 111 S.Ct. 1364, 113 L.Ed.2d 411 (1991) (<HOLDING>). See Bui v. Alabama, 499 U.S. 971, 111 S.Ct.
holding that a criminal defendant can bring a third party challenge to the peremptory striking of jurors based on race whether or not he is of the same race as the jurors who are struck holding that batson applies to a prosecutors use of peremptory challenges regardless of whether the stricken juror is of the same race as the defendant holding that it is impermissible to use a peremptory challenge to exclude a potential juror based on race holding that if a race or genderneutral reason for a peremptory challenge is apparent from the record the trial court may deny an objection to the challenge without requiring the party exercising the challenge to articulate a race or genderneutral reason holding that the equal protection clause forbids the prosecution from challenging potential jurors solely on the basis of race or assumptions drawn from their race