Cite as: 503 U. S. 562 (1992)
Per Curiam
lenges to Strike Members of a Cognizable Group." The motion recited:
"The Accused requests of the Court that the State of Texas be prohibited from its use of peremptory challenges to strike prospective jurors merely based on the fact of race. The prosecution, the State of Texas, historically and habitually uses its peremptory challenges to strike black people and other minorities who are otherwise qualified. These peremptory challenges are exercised by the State of Texas to strike prospective black jurors in its effort to produce an ethnically pure, all white, jury. This common use of the State's peremptory challenge in a criminal trial deprives the Accused of due process and a fair trial. This practice deprives the Accused of a jury representing a fair cross-section of the community in violation of the Sixth Amendment to the United States Constitution.
"A hearing is requested on this Motion." 1A Record 280.
The trial court delayed ruling on the motion until the voir dire. During the course of voir dire, the prosecution exercised its peremptory challenges to excuse the only three black members of the venire. After each of these peremptory strikes, petitioner, who is Hispanic, renewed his motion, asking that the prosecution state its reasons for striking the jurors. The first time petitioner renewed the motion, the court stated: "I know of no requirement yet for either party to announce his reasons for exercising a preemptory [sic] challenge. Can you cite me some law on that?" 11 Record 356. In response, petitioner's counsel cited McCray v. Abrams, 576 F. Supp. 1244 (EDNY), aff'd in part and rev'd in part, 750 F. 2d 1113 (CA2 1984). He went on to note that when we denied the petition for a writ of certiorari in Mc-Cray v. New York, 461 U. S. 961 (1983), five Justices expressed the view that Swain v. Alabama, 380 U. S. 202
563
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