Johnathan Johnson was convicted of murder in Decatur County two years ago and indicted for malice murder, attempt to commit kidnapping, aggravated assault, possession of a firearm by a convicted felon and a drug charge. He is now appealing to the Georgia Supreme Court, claiming that District Attorney, Joe Mulholland, struck too many black people off the jury list at his trial.

According to reports from WALB, D.A. Mulholland said he struck nine of the 16 potential black jurors due to a variety of reasons such as, previous run-ins with the law, knowing the victim or co-defendant and relatives who had been or were being criminally prosecuted for unrelated incidents. However, Johnson’s defense attorney claimed the strikes were racially motivated.

Mulholland said he realizes that in any murder case the defendant will file briefs and allegations, whatever they may be. But, he also recognizes the seriousness of Supreme Court. He said he is not necessarily nervous for the hearing and oral arguments because he was a clerk to the Chief Justice in law school, but he knows he needs to take everything seriously and be prepared for whatever may come up.

Mulholland is expected to argue that while some of the jury strikes were based on evidence that might have turned out to be unsupported after further investigation, there was no racial intent.

The upcoming briefs will be heard in Atlanta at the Georgia Supreme Court.