Pecor v. Walls

56 F. App'x 723
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 8, 2003
DocketNo. 01-3916
StatusPublished
Cited by2 cases

This text of 56 F. App'x 723 (Pecor v. Walls) 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
Pecor v. Walls, 56 F. App'x 723 (7th Cir. 2003).

Opinion

ORDER

Gregory Pecor was convicted of murder, armed robbery, and residential burglary, and after exhausting his state court remedies, he filed a petition under 28 U.S.C. § 2254, arguing that the state prosecutor improperly exercised race-based peremptory challenges against African-American venirepersons. The district court denied Mr. Pecor’s petition, and on appeal Mr. Pecor focuses exclusively on the strike against potential juror Chuck Edmonds. We affirm.

During jury selection for Mr. Pecor’s trial, the prosecution exercised four of its first five peremptory challenges against African-American venirepersons, including Chuck Edmonds. Mr. Edmonds was fifty-three years old at the time and, for the previous eight years, had worked as a ticket agent for the Chicago Transit Authority (“CTA”). When the judge asked him what he did before working for the CTA, Mr. Edmonds answered, “Student.” The judge did not inquire further into his work history, but asked if he belonged to any social clubs, groups, or organizations. Mr. Edmonds replied that he was a member of the Chicago Urban League, Operation PUSH, and the American Legion.

After the prosecutor struck Mr. Edmonds and the other African-American venirepersons, defense counsel objected, arguing that the prosecutor’s challenges were based on race and that Mr. Pecor was entitled to a hearing under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The prosecutor argued against conducting a hearing because Mr. Pecor, a white male, was not the same race as the African-American venirepersons. Relying on People v. Holland, 121 Ill.2d 136, 117 Ill.Dec. 109, 520 N.E.2d 270 (1987), the trial judge denied the request for a hearing because Mr. Pecor did not have standing to challenge the exclusions.

[725]*725While Mr. Peeor’s appeal of his convictions was pending, the Supreme Court of the United States decided Powers v. Ohio, 499 U.S. 400, 415, 111 S.Ct. 1364, 113 L.Ed.2d 411 (1991), which held that in order to challenge a race-based exclusion, the defendant need not be the same race as the excluded juror. Based on Powers, the Illinois appellate court remanded the case to the trial court for a Batson hearing, People v. Pecor, 213 Ill.App.3d 472, 157 Ill.Dec. 600, 572 N.E.2d 1064 (1991), and the Supreme Court of Illinois affirmed, People v. Pecor, 153 Ill.2d 109, 180 Ill.Dec. 50, 606 N.E.2d 1127 (1992).

During the Batson hearing the trial judge concluded in the interest of judicial economy that Mr. Peeor had established a prima facie case of race-based peremptory challenges. Before requiring the prosecutor to explain his reasons for excluding the African-American jurors, the judge characterized the challenges as “totally innocent” and “unintentional”:

Judge Dwyer,1 I have found that, albeit a totally innocent one on your part, but nevertheless they changed the rules on you and they changed the rules on me in this case, and I therefore have found that, although I do not believe that there is a prima facie case established in this case at all, in the interest of judicial economy in the event that a reviewing court might disagree with me, I’m going to make a finding, sir, that there was an unintentional but nevertheless prima fa-cie basis, and at this time I’m going to ask you, sir, as the lead prosecutor in that case to give the court your explanation for the exclusion of certain jurors, if you are willing to do so, sir.

The prosecutor then explained that he excluded Mr. Edmonds based on his employment history and his membership in Operation PUSH:

In the course of the voir dire Mr. Ed-monds indicated that he was a student until he was 45 years of age, that he was single, he had been - he was 53 years old, had been employed at CTA for eight years and that he had been a member of an [sic] Operation PUSH.
It was the 8-year employment at the age of 53 years of age and the statement that he had been a student until 45 years of age, coupled with membership of PUSH. The totality of those circumstances that the State exercised its fourth peremptory challenge [sic].

The judge concluded that there was no Batson violation because the prosecutor gave “valid and legitimate race neutral reasons” for excluding Mr. Edmonds and that those reasons were “non-pretextual.”

Mr. Peeor appealed to the Illinois appellate court, which presumed for purposes of the appeal “that Operation PUSH is an organization whose racial composition is predominantly if not exclusively African-American.” People v. Pecor, 286 Ill.App.3d 71, 81, 221 Ill.Dec. 234, 675 N.E.2d 141 (1996). Based on that presumption, the court viewed the exclusion of Mr. Edmonds “with suspicion,” and concluded that “the rejection of Edmonds on the basis of his membership in Operation PUSH presents the appearance that Edmonds’ strike was racially motivated.” Id. at 80-81, 221 Ill.Dec. 234, 675 N.E.2d 141. Nevertheless, the court concluded that there was no Batson violation because the prosecutor’s other independent race-neutral reasons for striking Mr. Edmonds “diluted the suspicion of a race-based exclusion which may well have been created if [726]*726Edmonds’ membership in Operation PUSH were the only reason given.” Id. The Supreme Court of Illinois denied Mr. Pecor’s petition for leave to appeal. People v. Pecor, 173 Ill.2d 539, 226 Ill.Dec.137, 684 N.E.2d 1340 (1997).

Mr. Pecor then filed a petition under § 2254 in the district court, arguing that the prosecutor improperly exercised race-based peremptory challenges against African-American venirepersons. He contended that the Illinois appellate court unreasonably applied Batson when it concluded that the prosecutor’s reasons for the exclusions were race-neutral and non-pretextual. The district court concluded that the Illinois appellate court correctly applied Batson and that it would not “second guess” the court’s conclusions.

On appeal Mr. Pecor argues that Mr. Edmonds’s exclusion from the jury violated Batson’s prohibition against race-based peremptory strikes. Specifically, Mr. Pe-cor argues that (1) the exclusion of Mr. Edmonds based on his membership in Operation PUSH was not race-neutral; (2) the prosecutor’s other reasons for the exclusion were pretextual; and (3) the trial judge predetermined the outcome of the Batson hearing by characterizing the prosecutor’s exclusions as “totally innocent” and “unintentional” before the prosecutor explained his reasons. In order to obtain habeas corpus relief, Mr. Pecor must show that the state court’s adjudication of his Batson claim was “contrary to, or involved an unreasonable application of clearly established Federal law, as determined by the Supreme Court of the United States,” 28 U.S.C. § 2254(d)(1), or that the state court’s factual determination was unreasonable in light of the evidence presented, 28 U.S.C. § 2254(d)(2). See Williams v. Davis,

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Related

Akins v. Easterling
648 F.3d 380 (Sixth Circuit, 2011)
Pecor v. Walls, Warden
540 U.S. 822 (Supreme Court, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
56 F. App'x 723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pecor-v-walls-ca7-2003.