Court of Appeals for the Armed Forces April 23, 2003, 00-0301/MC (United States v. Hurn)

CRAWFORD, Chief Judge

(concurring in the result):

I concur in the result. This ease is fact specific, thus it is not inconsistent with our prior case law and federal practice, which provide that “in the event ... post-trial proof becomes necessary to decide a Batson [v. Kentucky1] issue, we [should] not rule out consideration of a clearly articulated affidavit.