In State v. Bolton, 271 Kan. 538, 23 P.3d 824 (2001), our Supreme Court remanded a case to hold a proper Batson hearing when the trial court did not require the State to perform the second step and present a race-neutral reason for striking six African-American jurors for cause. After a review of federal and state cases from other jurisdictions, the Bolton court held: "Because of the unique procedure used here by the trial judge to determine the propriety of the State's removal of black panel members from the jury pool and because there is no record to be reviewed by an appellate court, we are therefore required to remand for a proper Batson hearing. The trial court hearing on remand does not involve the presentation of further evidence, but argument may be made before the trial court, based upon the trial record and counsel's recollection, as to the propriety of the peremptory challenges. If the trial court is unable to make a fair determination as required by Batson, it must grant the defendant a new trial."