Gardner v. State

483 S.E.2d 912, 225 Ga. App. 427, 97 Fulton County D. Rep. 1382, 1997 Ga. App. LEXIS 388
Court of Appeals of Georgia·Decided March 12, 1997·No. A97A0412·Published·Cited by 14 cases

Opinions

Eldridge, Judge.

Appellant Tadaris Gardner appeals a Decatur County jury’s verdict finding him guilty of the July 18, 1995 armed robbery of a McDonald’s Restaurant in Bainbridge, Georgia. Appellant’s sole enumeration of error is a challenge to the trial court’s determination that, pursuant to Georgia v. McCollum, 505 U. S. 42, 59 (112 SC 2348, 120 LE2d 33) (1992), appellant’s use of his peremptory strikes was racially motivated. Held:

In a two-pronged argument, appellant contends that the trial court erred in rejecting his race-neutral explanations for striking jurors 40, 41, 54, and 61. Appellant contends that: (a) explanations which are race-neutral on their face must be accepted by the trial court in accordance with the Supreme Court of Georgia’s decision in Jackson v. State, 265 Ga. 897 (463 SE2d 699) (1995); and (b) after the appellant articulated race-neutral reasons for the use of his strikes, the state failed to prove that such strikes were, in fact, racially motivated pursuant to Purkett v. Elem, 514 U. S. 765 (115 SC 1769, 131 LE2d 834) (1995). We address each assertion in turn:

First, appellant asserts that the Supreme Court of Georgia’s decision in Jackson, supra, holds that unless discriminatory intent is inherent in the explanation, the trial court is required as a matter of law to accept the explanation, thereby concluding the inquiry. However, Jackson, supra, does not so hold. In Jackson, supra, is the explicit acknowledgment of the three-step analysis of Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986), {“Batson”), and by extension, the principles of Georgia v. McCollum, supra (“McCollum”). Accordingly, after a prima facie case is made demonstrating the discriminatory use of strikes,1 and explanations are given, the trial court determines whether the explanations, even if facially race-neutral, are in fact motivated by discriminatory intent.2 Jackson, supra at 899. This clear recognition of the trial court’s role in ascertaining the presence of discrimination in otherwise race-neutral3 [428] explanations has been reiterated by the Supreme Court of this state time and again. “A trial court may also determine that improper discriminatory motive underlay the exercise of a peremptory challenge when the race-neutral explanation proffered by the strikes’ proponent is so implausible or fantastic that it renders the explanation pretextual.” Turner v. State, 267 Ga. 149 (476 SE2d 252) (1996); State v. Adams, 470 SE2d 366, 372 (S.C. 1996); see also Gamble v. State, 257 Ga. 325 (5) (357 SE2d 792) (1987).

Further, the importance of the trial court’s role in identifying discrimination in explanations which may, on the surface, appear legitimate cannot be overstated: “In the typical peremptory challenge inquiry, the decisive question will be whether counsel’s race-neutral explanation for a peremptory challenge should be believed. There will seldom be much evidence bearing on that issue, and the best evidence often will be the demeanor of the attorney who exercises the challenge. As with the state of mind of a juror, evaluation of the [striker’s] state of mind based on demeanor and credibility lies ‘peculiarly within a trial judge’s province.’” (Citations omitted.) Hernandez v. New York, 500 U. S. 352, 365 (111 SC 1859, 114 LE2d 395) (1991); Smith v. State, 264 Ga. 449, 454 (448 SE2d 179) (1994); Moak v. State, 222 Ga. App. 36 (473 SE2d 576) (1996); Hightower v. State, 220 Ga. App. 165, 166 (469 SE2d 295) (1996).

Contrary to appellant’s assertions, Jackson, supra, re-affirms the trial court’s role in the detection of discrimination and does not mandate a rubber stamping of any explanation given as long as it is facially race-neutral: step three of the inquiry is the trial court’s determination as to whether it has been proven that “Jackson’s explanation was motivated by discriminatory intent.” Jackson, supra at 899. Moreover, this position has recently been reiterated by the Supreme Court of Georgia in Greene v. State, 266 Ga. 439, 443 (469 SE2d 129) (1996): “[0]nce a race-neutral explanation has been tendered, the trial court must then decide whether purposeful racial discrimination has been proven.” Accordingly, the trial court did not err in refusing to simply accept appellant’s facially race-neutral explanations and in performing its duty to determine whether appellant’s use of his peremptory strikes was racially motivated.

Next, appellant contends that, under Purkett v. Elem, supra, explanations for strikes do not have to be “plausible” or “persuasive” as long as they are race-neutral on their face; appellant contends that he provided the trial court with race-neutral explanations for the use of his strikes, and that the state, thereafter, failed to prove that appellant’s strikes were, in fact, racially motivated. See Jackson, [429] supra at 899.4 However, appellant’s enumeration of error is framed incorrectly; by granting the McCollum motion and seating the jurors who had previously been struck, the trial court implicitly determined that the opponent of the strike, the state, had met its burden of showing discriminatory intent. Greene, supra at 443; Herrin v. State, 221 Ga. App. 356, 358 (471 SE2d 297) (1996). Once the explanation for the strikes has been proffered, “the inquiry [is] properly framed for the trial court’s determination.” Greene, supra at 443.

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Gardner v. State, 483 S.E.2d 912, 225 Ga. App. 427, 97 Fulton County D. Rep. 1382, 1997 Ga. App. LEXIS 388 (Ga. Ct. App. 1997).

483 S.E.2d 912 (Gardner v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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