Jackson v. Stroud

539 S.W.3d 502
CourtCourt of Appeals of Texas
DecidedDecember 21, 2017
DocketNO. 01-17-00145-CV
StatusPublished
Cited by5 cases

This text of 539 S.W.3d 502 (Jackson v. Stroud) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Stroud, 539 S.W.3d 502 (Tex. Ct. App. 2017).

Opinion

Harvey Brown, Justice

This is an appeal from a take-nothing judgment entered after a jury trial in a medical malpractice case. Carolyn Jackson sued Daniel Garber Stroud, M.D., over the death of her husband, which occurred shortly after Stroud performed surgery on him. During voir dire, Stroud, who is Caucasian, used three of his peremptory strikes to remove all black panelists from the panel of potential jurors. Jackson, who is African-American, made a Batson challenge, which the trial court overruled.

Jackson argues that the trial court's ruling was an abuse of discretion because Stroud's race-neutral reasons for striking the black panelists were pretextual. We hold that the record shows that Stroud's reason for striking at least one of the *506panelists was pretextual. Therefore, we reverse the trial court's judgment and remand for a new trial.

Background

Heart surgeon Daniel Stroud performed bypass surgery on Jeffrey Jackson. Jeffrey died from complications related to the surgery, and his wife, Carolyn Jackson, sued Stroud for medical malpractice.1

During voir dire, one of four black panelists was struck for cause. At the conclusion of voir dire, Stroud used peremptory strikes to remove the three remaining black panelists. Jackson made a Batson challenge,2 which the trial court overruled. No black panelist was empaneled on the jury.

The jury returned a defense verdict, and the trial court signed a take-nothing judgment. Jackson appeals.

Batson Challenge

In her first issue, Jackson contends that the trial court abused its discretion in overruling her Batson challenge. After the trial court dismissed panelists for cause or hardship, Stroud used peremptory strikes to strike the three remaining black panelists-P. Howe, W. Parham, and K. Falls. Jackson made a Batson challenge, arguing that the strikes were racially motivated. Stroud proffered reasons for each strike, and the trial court overruled Jackson's objection. Jackson argues that the trial court's ruling was an abuse of discretion because Stroud's purported reasons for striking the black panelists were pretexts for unlawful racial discrimination. Stroud responds that the trial court properly overruled Jackson's objection because she failed to prove purposeful discrimination.

A. Applicable law and standard of review

Under the Texas Rules of Civil Procedure, each party in a case tried in district court is entitled to six peremptory strikes, which are used to "strike" potential jurors without offering any reason or explanation. TEX. R. CIV. P. 232, 233. While no reason for the strike is required, a peremptory strike may not be based on a number of considerations forbidden by the Constitution, including a potential juror's race. Edmonson v. Leesville Concrete Co. , 500 U.S. 614, 618, 111 S.Ct. 2077, 114 L.Ed.2d 660 (1991) ; Batson v. Kentucky , 476 U.S. 79, 89, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).

The racially motivated use of a peremptory strike violates the Equal Protection Clause of the United States Constitution. See Batson , 476 U.S. at 89, 106 S.Ct. 1712 ; see also U.S. CONST . amend. XIV, § 1. The exclusion of even one potential juror on the basis of race invalidates the entire jury selection process and requires a new trial. Davis v. Fisk Elec. Co. , 268 S.W.3d 508, 521 (Tex. 2008) ; Haynes v. Union Pac. R.R. Co. , 395 S.W.3d 192, 197 (Tex. App.-Houston [1st Dist.] 2012, pet. denied).

Named after the seminal Supreme Court decision, an objection that a peremptory strike was based on race is called a Batson challenge. The resolution of a Batson challenge involves a three-step process. Batson , 476 U.S. at 97, 106 S.Ct. 1712 ; Davis , 268 S.W.3d at 514 n.4.

*507In the first step, the party challenging the peremptory strike must establish a prima facie case of racial discrimination. Snyder v. Louisiana, 552 U.S. 472, 476, 128 S.Ct. 1203, 170 L.Ed.2d 175 (2008) ; Davis , 268 S.W.3d at 514 n.4 ; Haynes , 395 S.W.3d at 196. To establish a prima facie case, the challenging party may rely on all relevant facts, including any statistical disparity between the percentage of black and nonblack panelists who were struck by the other party. Miller-El v. Dretke , 545 U.S. 231, 239-41, 125 S.Ct. 2317, 162 L.Ed.2d 196 (2005) ; Haynes

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539 S.W.3d 502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-stroud-texapp-2017.