Lamon, Nancy R. v. Boatwright, Ana

467 F.3d 1097, 2006 U.S. App. LEXIS 27555, 2006 WL 3209916
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 8, 2006
Docket05-4018
StatusPublished
Cited by36 cases

This text of 467 F.3d 1097 (Lamon, Nancy R. v. Boatwright, Ana) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lamon, Nancy R. v. Boatwright, Ana, 467 F.3d 1097, 2006 U.S. App. LEXIS 27555, 2006 WL 3209916 (7th Cir. 2006).

Opinions

EVANS, Circuit Judge.

Three years ago, in a 4-3 decision on direct review, the Wisconsin Supreme Court rejected Nancy Lamon’s claim that the state violated the rule announced in Batson v. Kentucky when it exercised a peremptory challenge against the only black member of the venire summoned to sit as potential jurors at her trial on a state charge of armed robbery. Before the supreme court turned her down, the same claim was rejected by both the state trial judge in Rock County, Wisconsin, and the Wisconsin Court of Appeals. Accordingly, Lamon’s claim has been rejected, and her robbery conviction affirmed, by all three levels of the Wisconsin judicial system.

Having exhausted her state remedies, Lamon moved to federal court where her petition for habeas corpus met with a similar lack of success. Chief Judge Rudolph T. Randa of the United States District Court for the Eastern District of Wisconsin rejected her claim in 2005. Lamon now appeals that decision to us, but given the present posture of the case — a collateral review subject to the stringent limitations of AEDPA where we are not free to simply pick sides between the Wisconsin Supreme Court majority and dissenting opinions — we conclude that her losing streak must continue.

The facts of Ms. Lamon’s case are simple, and not really important to the issue she presents to us. But to put the case in perspective, here is what it was all about: Lehman Jones (who like Lamon is an African-American) was driving home one night when Lamon flagged him down and asked to be taken to a telephone; while together in the car, and with Lamon pointing an object at his side that he thought was a [1099]*1099gun, Jones surrendered his wallet; Lamon then left the car and retreated to a car being driven by an accomplice. Armed robbery charges against her (as a repeat offender) were issued a few days later.

During the jury selection process, the prosecutor exercised a peremptory strike against Dondre Bell, a resident of Beloit, Wisconsin, without questioning him individually. Lamon challenged the strike under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and the judge held a hearing in chambers. The judge assumed Lamon had established a prima facie case of discrimination because Bell was the only black member of the venire. Accordingly, the judge asked the prosecutor to explain her strike.

The prosecutor responded that she doubted Bell’s veracity. She explained that her office prosecuted many Beloit residents named Bell and that a computer check the previous day revealed numerous police contacts at Bell’s address, including one in which a “Mrs. Bell” reported that her husband had stolen her car to support his drug habit. And, the prosecutor continued, Bell did not respond affirmatively when she asked if any relative or close friend had been convicted of a crime or been a victim of crime. This, she said, caused her to doubt Bell’s credibility. Her suspicions increased, she explained, because Bell simply wrote “varies” on a questionnaire form that asked him to detail his employment over the past 5 years.

Lamon responded that “Bell” is a common name and that it was unknown how long Dondre Bell was living at his current address. It followed, Lamon insisted, that the prosecutor should have individually questioned Bell about her concerns before striking him. Lamon then asked the judge to individually question Bell before ruling on her Batson objection. The judge asked the prosecutor why she had not questioned Bell, and she iterated her concern that Bell would not have been forthright and also stated that she did not want to “single him out.” The judge declined to question Bell and concluded, ‘Well, I think the State has made its case and it does have just cause for the strike.”

After Lamon was convicted, as we said, her appellate claims (including several besides her Batson argument) were denied, first by the trial court, next by the Wisconsin Court of Appeals, State v. Lamon, 646 N.W.2d 854 (Wis.Ct.App.2002) (per curiam), and finally by the Wisconsin Supreme Court. State v. Lamon, 262 Wis.2d 747, 664 N.W.2d 607 (Wis.2003).

The Wisconsin Supreme Court rejected Lamon’s contention that the trial judge was not in a position to adequately assess the prosecutor’s credibility since she had not questioned Bell individually before exercising her strike and the judge was unwilling to question Bell himself before ruling on the issue. The court correctly explained that Batson outlines a three-step process for determining if a peremptory strike violates the Equal Protection Clause: (1) the defendant must establish a prima facie case that the strike was racially motivated, (2) the burden then shifts to the prosecutor to come forward with a race-neutral reason for the strike, and (3) the trial judge must assess the credibility of the explanation and determine whether purposeful discrimination has been established. Id. at 615-16 (citing Batson, 476 U.S. at 96-98, 106 S.Ct. 1712). Applying this test to Lamon’s case, the court concluded that the trial judge’s ruling, although quite skimpy, sufficiently showed that he assessed the prosecutor’s credibility and not merely, as the dissent contended, whether the prosecutor’s explanation was race-neutral. Id. at 624; see id. at 639-40 (Bradley, J., dissenting). The court held that more [1100]*1100elaborate findings were not required. Id. at 624 (citing Miller-El v. Cockrell, 537 U.S. 322, 347, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003) (hereafter Miller-El I) (“We adhere to the proposition that a state court need not make detailed findings addressing all the evidence before it.”)). The court then held that the trial judge’s finding of no discriminatory intent was not clearly erroneous. As the court explained, it is counsel’s credibility that the trial judge must assess, and while it might have been helpful for the judge to have heard Bell’s responses to questioning by the prosecutor before the strike was exercised, under the totality of the circumstances, that was not necessary. Id. at 620-21 (citing Hernandez v. New York, 500 U.S. 352, 365, 111 S.Ct. 1859, 114 L.Ed.2d 395 (1991)). The court reasoned that the entire record, including the results of the computer check and Bell’s answer to the employment history question on the questionnaire, supported the trial judge’s decision to credit the prosecutor’s facially nondiscriminatory reasons for exercising the strike as she did. Id. at 627-28.

Three justices dissented in two opinions. All three joined in parts I and II of Chief Justice Shirley S. Abramson’s dissent, which argued that the trial judge failed to fulfill his duty, under Batson’s third step, to assess the credibility of the prosecutor’s explanation and to include detailed findings in the ruling itself. Id. at 628-35 (Abrahamson, C.J., dissenting); id. at 39-JO (Bradley, J., dissenting). Going further than the other two dissenters, the chief justice also argued that generating a police report on Bell’s address was itself evidence of discrimination, and that the trial judge had a duty to inquire, sua sponte, whether the prosecutor conducted similar background investigations on white members of the venire. Id. at 635-39.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Jalen Howard
67 F.4th 876 (Seventh Circuit, 2023)
State v. Clegg
Supreme Court of North Carolina, 2022
United States v. Christian Lovies
16 F.4th 493 (Seventh Circuit, 2021)
State v. Palmer
Court of Appeals of Arizona, 2020
Bethea v. Commonwealth
831 S.E.2d 670 (Supreme Court of Virginia, 2019)
Johnson v. State
809 S.E.2d 769 (Supreme Court of Georgia, 2018)
JOHNSON v. THE STATE (Two Cases)
302 Ga. 774 (Supreme Court of Georgia, 2018)
Clifton Morgan v. City of Chicago
822 F.3d 317 (Seventh Circuit, 2016)
United States v. Demettris Cruse
805 F.3d 795 (Seventh Circuit, 2015)
Corrothers v. State
148 So. 3d 278 (Mississippi Supreme Court, 2014)
State v. Sparks
68 So. 3d 435 (Supreme Court of Louisiana, 2011)
United States v. Yarrington
640 F.3d 772 (Seventh Circuit, 2011)
United States v. Taylor
636 F.3d 901 (Seventh Circuit, 2011)
Greene v. Pollard
677 F. Supp. 2d 1073 (W.D. Wisconsin, 2010)
United States Ex Rel. Harris v. Shaw
681 F. Supp. 2d 937 (N.D. Illinois, 2010)
United States v. Melvin Herbert
Seventh Circuit, 2009
United States v. White
582 F.3d 787 (Seventh Circuit, 2009)
Smith v. United States
966 A.2d 367 (District of Columbia Court of Appeals, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
467 F.3d 1097, 2006 U.S. App. LEXIS 27555, 2006 WL 3209916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamon-nancy-r-v-boatwright-ana-ca7-2006.