However, in the United States, if either party excludes a minority group member and the other party challenges, under Batson rules the party exercising the peremptory strike must provide a race-neutral reason for the exclusion (later extended by court rulings to gender-neutral reasons as well).
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At trial, presiding military judge Commander John A. Maksym determined that the superintendent of the Naval Academy, Vice-Admiral Rodney P. Rempt had made comments and sent emails that constituted an appearance of unlawful command influence and granted the defense additional peremptory challenges during jury selection.
The court affirmed the conviction and death sentence in 1999, but sent the case back to the county court to conduct a Batson hearing to determine if racially impermissible jury selection happened in the trial.