juror either is still before the court or was very recently observed. See Wilkerson v. Collins, 950 F.2d 1054, 1063 (5th Cir.1992)(“The inquiry is essentially one of fact, dependent on credibility, and the passage of time would diminish the prosecutor’s reconstruction of his reasons for striking a venire-person and the judge’s evaluation of the juror.” (citations omitted)), cert. denied, 509 U.S. 921, 113 S.Ct. 3035, 125 L.Ed.2d 722 (1993). In view of the problems caused by tardy Batson challenges, the Third and Fifth Circuits have held that a defendant who fails to object to the prosecutor’s use of peremptory challenges during jury selection waives the right to assert a Batson claim. Jones, 864 F.2d at 369-70; Government of the Virgin Islands v. Forte, 806 F.2d 73, 75-76 (3rd Cir.1986)(<HOLDING>), denial of post conviction relief vacated by,
holding that a noticebased objection to a motion to amend an indictment to charge the defendant as a habitual offender is waived if the defendant fails to make a specific and contemporaneous objection holding that defendant waived his objection to the prosecutors use of her peremptory challenges by failing to make a contemporaneous objection during jury selection holding that an objection was adequate when the judge cut short the objection and the defendant was not afforded the opportunity to explain his objection fully holding that parties waived any choice of law objection by not raising an objection holding that defendant waived any objection to a peremptory strike against a minority juror by affirmatively accepting jury immediately prior to its being sworn without reserving earliermade objection