Repository Collection 03
BATSON Justifications:
Articulating Juror Negatives
TOP GUN II
ARTICLE SOURCE ENTRY
Last Revised • July 8, 2026
This Source Verification Page documents a Continuing Legal Education (CLE) training handout entitled BATSON Justifications: Articulating Juror Negatives. The handout was referenced in the State v. May Racial Justice Act Motion for Appropriate Relief and provides examples of race-neutral explanations prosecutors could articulate when exercising peremptory strikes during jury selection. Statement of Facts D cites this material to document the type of training available to prosecutors concerning jury selection practices.
Related SMAR Citation
“[See "Top Gun II" CLE Hand out in State v. May Racial Justice Act M.A.R.]”
Source Name
BATSON Justifications: Articulating Juror Negatives
Date
1995
Verification Source
BATSON Justifications: Articulating Juror Negatives
Source Location
Top Gun II CLE Handout referenced in State v. May Racial Justice Act Motion for Appropriate Relief
Highlighted Pages
1 - 2
There are 2 pages for this source:
- Page 1 is the download found at the website above.
- Page 2 is the same document, but is visually easier to read.
Referenced in the Supplemental Motion
Page 34, Paragraph: 61
✔ Article obtained and reviewed.
✔ Relevant passages highlighted.
✔ Publicly available source
✔ Included within the Source Verification Archive
May's allegation that the Buncombe County District Attorney's Office participated in specialized
prosecutorial training concerning the exercise and defense of peremptory strikes during jury selection.
The Top Gun II CLE handout is cited to establish that prosecutors attending the training were provided
examples of race-neutral explanations that could be articulated to justify the removal of prospective
jurors, including "unrevealed criminal history" as a potential juror negative. May relies upon this
training material to support his claim that prosecutors, including ADA Kate Dreher, received instruction
regarding the formulation and presentation of race-neutral justifications for peremptory strikes and to
support his broader allegations concerning Batson-related issues in Buncombe County capital
prosecutions, as well as show prosecutors were trained to violate defendants’ constitutional rights.
Source Status
Cited to Support
Supporting Documents
Original Article
Link to the original article.
Highlighted Research Copy
Working research copy containing the highlighted passages cited in the Supplemental Motion.
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