The appellant, Tracy Gerrard Allen, was convicted of assault in the first degree and was sentenced to life imprisonment as a habitual felony offender. He raises two issues on this direct appeal from that conviction.
However, the appellant argues that this Court should adopt the approach of Batson v. Kentucky, 476 U.S. 79,106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), involving violations of the Equal Protection Clause of the Fourteenth Amendment, and hold that a prima facie case of a violation of the Sixth Amendment fair cross-section requirement is established by showing the existence of a significant disparity between the population of a distinctive group in the community and its representation on the jury venire. This Court has long recognized that "[a] defendant is not constitutionally entitled to have a member of his race on the jury panel which tries his case." Anthony v.State, 47 Ala. App. 722, 725, 261 So.2d 61, 64 (1972). The law is clear that a defendant in a criminal case is not constitutionally entitled "to demand a proportionate number of his [own] race on the jury which tries him," or on the jury roll from which grand and petit jurors are selected. Butler v.State, 285 Ala. 387, 391, 232 So.2d 631, 634 (1970), cert. dismissed, 406 U.S. 939, 92 S.Ct. 1807, 32 L.Ed.2d 140 (1972). "In order to establish a Sixth Amendment fair cross-section requirement violation, the accused has the burden of proving asystematic exclusion of blacks resulting in their under-representation on the jury roles. See Duren v. Missouri,439 U.S. 357, 99 S.Ct. 664, 58 L.Ed.2d 579 (1979); Robinson v.State, 560 So.2d 1130, 1132 (Ala.Cr.App. 1989)." Stewart v.State, 623 So.2d 413, 415 (Ala.Cr.App. 1993).
The principle that the acts, declarations, and conduct of a defendant subsequent to the crime are admissible on the issue of insanity relates to events occurring after the crime but before trial. See Berard v. State, 486 So.2d 476, 478 (Ala. 1985). There has been no showing that the trial court abused its discretion in the rejection of the proffered testimony.Terry v. State, 447 So.2d 1322, 1324 (Ala.Cr.App. 1984).
The judgment of the circuit court is affirmed.
AFFIRMED.
All Judges concur. *Page 309