People v. Campbell

608 N.E.2d 229, 240 Ill. App. 3d 179, 181 Ill. Dec. 156, 1992 Ill. App. LEXIS 2032
Appellate Court of Illinois·Decided December 16, 1992·No. 1-89-2484, 1-89-2485 cons.·Published·Cited by 8 cases

Opinion

PRESIDING JUSTICE GREIMAN

delivered the opinion of the court:

Defendants Jerry Bogan and John Campbell were convicted by a jury of the robbery of Arthur Abrams and were sentenced to prison for 14 years and 6 years, respectively. On appeal, defendants contend that the trial court erred in finding that the State had offered sufficient race-neutral explanations for its exercise of peremptory challenges in excluding African-Americans from the jury.

We affirm the convictions.

During voir dire, the trial court questioned 19 prospective jurors before defendants joined in a motion based upon the United States Supreme Court’s holding in Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712, which found that racial or ethnic discrimination in the exercise of peremptory challenges denied a defendant due process.

The trial court had excused 7 of the 19 people for cause. Although the record is somewhat confused, it appears that the trial court completed voir dire with respect to the first panel of 13 and the State was apparently satisfied with the panel. Counsel for defendant Bogan exercised a peremptory challenge to exclude one of the prospective jurors; counsel for defendant Campbell exercised peremptory challenges to exclude two prospective jurors; and the State then exercised a peremptory challenge to exclude a prospective juror, K.C. Lee, an African-American. During the questioning, the State had used a peremptory challenge to excuse another African-American, Anthony Jones.

After the Batson motion was made, this discussion followed:

“MS. FITZSIMMONS: The only remaining blacks on the venire panel, after the Court excused for cause Mr. Estes, over my objection, and Mr. Benson, who was not over my objection, he pretty clearly stated that he could not be fair, the only remaining blacks were Mr. Lee and Mr. Jones and those are the only two peremptories that the State has used at this point.
THE COURT: State, do you wish to give racially neutral reasons as to why Mr. Jones and Mr. Lee were excused?”

The State then gave its reasons and the trial court denied defendants’ motion, finding no Batson violation.

Defendants assert here that the trial court erred in its finding that the State gave racially neutral reasons for excluding the two African-American prospective jurors.

We are first concerned with the Batson process. Batson establishes a three-step analysis to determine whether the State used its peremptory challenges to remove venire members on the basis of race: (1) the defendant must demonstrate a prima facie showing of discrimination; (2) after such showing the State must then come forward with a race-neutral explanation for challenging African-American jurors; (3) the trial court determines if the defendant has established purposeful discrimination. Batson, 476 U.S. at 97, 90 L. Ed. 2d at 88, 106 S. Ct. at 1723; People v. Hope (1992), 147 Ill. 2d 315, 321, 589 N.E.2d 503.

To make a prima facie showing of purposeful discrimination, defendant must demonstrate that members of a racial group were removed from the venire by peremptory challenges and that the removal, in addition to other relevant circumstances, raises an inference of purposeful discrimination by the State in the selection of the jury. People v. Andrews (1992), 146 Ill. 2d 413, 424, 588 N.E.2d 1126.

Examples of relevant circumstances include (1) a pattern of strikes against African-American veniremembers; (2) a disproportionate use of strikes against black veniremembers; (3) whether the excluded jurors were a heterogeneous group sharing race as their only common characteristic; (4) the level of black representation in the venire as compared to the jury; (5) the prosecutorial questions and statements during voir dire and while exercising challenges; and (6) the races of defendant and victim or of defendant and witnesses. People v. Garrett (1990), 139 Ill. 2d 189, 203, 564 N.E.2d 784; People v. Coulter (1992), 230 Ill. App. 3d 209, 222, 594 N.E.2d 1163.

Each step in Batson ought to be considered only upon the completion of the preceding step. (People v. Andrews (1989), 132 Ill. 2d 451, 548 N.E.2d 1025.) The State argues that defendants have not fulfilled their burden as to “Step One”: establishment of a prima facie case of discrimination. Defendants contend that they were not required to do so, relying upon Hernandez v. New York (1991), 500 U.S. 352, 359, 114 L. Ed. 2d 395, 405, 111 S. Ct. 1859, 1866, which found that “[o]nce a prosecutor has offered a race-neutral explanation for the peremptory challenges and the trial court has ruled on the ultimate question of intentional discrimination, the preliminary issue of whether the defendant had made a prima facie showing becomes moot.”

However, defendants’ argument does not fully consider all of the implications of Hernandez. The Supreme Court stated that only where the prosecutor defends his use of peremptory strikes “without any prompting or inquiry from the trial court,” and the trial court then rules on whether there has been intentional discrimination, will the issue of defendants’ prima facie showing become moot. Hernandez, 500 U.S. at 359, 114 L. Ed. 2d at 405, 111 S. Ct. at 1866; People v. Jackson (1991), 145 Ill. 2d 43, 582 N.E.2d 125, vacated on other grounds (1992),_U.S__, 121 L. Ed. 2d 5, 113 S. Ct. 32; Coulter, 230 Ill. App. 3d 209, 594 N.E.2d 1163.

Here, the question that the trial court posed to the State, whether it wished to give racially neutral reasons as to why the two African-Americans were excused, is certainly “prompting” or “inquiry” as Hernandez contemplates. Such an inquiry improperly collapses the Batson process into a two-step rather than a three-step process. See Jackson, 145 Ill. 2d at 101; Coulter, 230 Ill. App. 3d at 223.

In Jackson, our supreme court clearly stated its policy with regard to the three-step Batson process and expressed its frustration with the trial courts of our State in failing to follow its mandate. 1 Furthermore, the Jackson court condemned the procedure established by the trial court that required the State to explain the nonracial character of each peremptory challenge at the time of the exercise of the challenge. (Jackson, 145 Ill. 2d at 99.) Such a procedure ignores the first-step requirement that the trial court find a prima facie showing of purposeful discrimination.

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People v. Campbell, 608 N.E.2d 229, 240 Ill. App. 3d 179, 181 Ill. Dec. 156, 1992 Ill. App. LEXIS 2032 (Ill. Ct. App. 1992).

608 N.E.2d 229 (People v. Campbell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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