En banc opinion dealing with Batson in NC capital murder case

In Allen v. Lee, the Fourth Circuit sitting en banc considered a range of issues, including a constitutional challenge to the prosecution's use of peremptory strikes in jury selection. On the Batson issue, the majority in an opinion by Judge Niemeyer concluded that the defendant had either waived the issue at trial or failed to make out a prima facie case of a constitutional violation. Judge Niemeyer's opinion on that issue was joined by Chief Judge Wilkins, and Judges Wilkinson, Williams, Traxler, and Shedd, with a separate concurrence by Jude Luttig, and a dissent from Judge Gregory, joined by Judges Michael, Motz, and King. Judge Widener recused himself and Judge Duncan did not participate in the case.