People v. Malone

570 N.E.2d 584, 211 Ill. App. 3d 628, 156 Ill. Dec. 108, 1991 Ill. App. LEXIS 419
CourtAppellate Court of Illinois
DecidedMarch 21, 1991
Docket1-87-0901
StatusPublished
Cited by13 cases

This text of 570 N.E.2d 584 (People v. Malone) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Malone, 570 N.E.2d 584, 211 Ill. App. 3d 628, 156 Ill. Dec. 108, 1991 Ill. App. LEXIS 419 (Ill. Ct. App. 1991).

Opinion

JUSTICE McMORROW

delivered the opinion of the court:

Following a jury trial, defendant was convicted of three counts of armed robbery and sentenced to three concurrent terms of 25 years’ imprisonment. On appeal, he contends that this case should be remanded because the trial court failed to determine whether the State’s explanations for its use of peremptory challenges excluding certain black venire persons were race-neutral so as to rebut defendant’s prima facie case of purposeful discrimination. Defendant also contends that several prejudicial instances of prosecutorial misconduct during rebuttal closing argument denied him a fair trial.

The charges arose from a robbery which occurred on May 24, 1986, at the Paradise Lounge on West Cermak Road in Chicago. The State’s case consisted primarily of the testimony of Jessie Hearron, the bartender; Margaret Brown, the owner of the lounge; and Clarence Lawrence, a regular patron and friend of Brown.

On June 11, 1986, Hearron, Brown and Lawrence viewed between 10 and 15 albums of mug shots, but did not identify anyone. The investigating officer then received five additional photographs which he showed to Brown first. She selected the photograph of defendant and said that she was pretty sure that he was the man who robbed them.

The photographs were then shown to Lawrence, who was in a separate room. He too selected the photograph of defendant, stating that he looked like the robber. On June 16, 1986, the defendant was arrested and identified in a lineup as the robber by Brown and in a second lineup by Hearron.

The jury found defendant guilty of three counts of armed robbery. Following the denial of defendant's motion for a new trial and after the sentencing hearing, the trial court sentenced defendant to three concurrent terms of 22V2 years’ imprisonment. This timely appeal followed.

Opinion

Defendant contends that under Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712, this case should be remanded for a specific determination on whether the State, through its use of peremptory challenges, discriminatorily excluded three black female members of the venire from serving as jurors. He asserts that the trial court .did not determine, as Batson requires, whether the State’s challenges to the three women were racially motivated.

In Batson, the United States Supreme Court restated the well-settled constitutional principle that the equal protection clause forbids prosecutors from engaging in discrimination against a racial group by exercising peremptory challenges of prospective jurors to exclude from the jury members of the racial group to which defendant belongs solely on account of their race. Batson provides defendants with recourse against such purposeful discrimination. The defendant must first establish a prima facie case of discrimination by showing (1) that he is a member of a cognizable racial group; (2) that the State used peremptory challenges to remove members of his race from the venire; and (3) that these facts and any other relevant facts and circumstances raise an inference of discrimination. Batson, 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712; People v. Hope (1990), 137 Ill. 2d 430, 560 N.E.2d 849.

The Batson court did not define or enumerate what relevant facts and circumstances may be considered in determining whether the defendant has made a prima facie case. Dlustrative examples provided by the Batson court and our own supreme court include whether there has been a pattern of strikes against black jurors; the prosecutor’s questions and statements, if any, during voir dire and while exercising the challenges; whether the excluded blacks were a heterogenous group sharing race as their only common characteristic; the level of black representation in the venire as compared to the jury; and the races of the defendant, victim and witnesses. Batson, 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712; People v. Hope, 137 Ill. 2d at 453.

Once the defendant establishes a prima facie case, the burden shifts to the prosecution to come forward with race-neutral explanations for exercising its challenges against the black venire persons. (Batson, 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712; Hope, 137 Ill. 2d 430, 560 N.E.2d 849; People v. Mack (1989), 128 Ill. 2d 231, 538 N.E.2d 1107.) The explanations must be related to the case being tried and must be clear and reasonably specific; however, they need not rise to a level which would warrant a challenge for cause. (Hope, 137 Ill. 2d 430, 560 N.E.2d 849; Mack, 128 Ill. 2d 231, 538 N.E.2d 1107.) The trial court then has the duty to determine if the defendant has established purposeful discrimination. Hope, 137 Ill. 2d 430, 560 N.E.2d 849.

Because the trial court’s decision will turn largely on its assessment of credibility, the trial court’s decision should be given great deference by a reviewing court. The appropriate standard of review is whether the decision of the trial judge is against the manifest weight of the evidence. Mack, 128 Ill. 2d 231, 538 N.E.2d 1107.

The record in the instant case reveals that the 12 jurors and two alternate jurors were selected from a venire of 24 persons. Of the 10 persons not selected, four were excused for cause, four were challenged by the State, three of whom were black, and two were challenged by the defense. The record does not disclose the racial composition of the 24-person venire, but it appears from discussions at trial and arguments in the briefs that of the 18 jurors not excused for cause or by the defense, a total of seven (four who served as jurors and three peremptorily challenged by the State) were black.

Upon the State’s peremptory challenge of the third black woman, defense counsel moved for a mistrial, arguing that the prosecution was systematically excluding black jurors. The State responded that a prima facie case of purposeful discrimination had not been made due to the fact that three black persons had already been accepted by the State to serve on the jury. The trial court asked the prosecutor if he was prepared to provide a race-neutral explanation for each of the black women challenged.

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Cite This Page — Counsel Stack

Bluebook (online)
570 N.E.2d 584, 211 Ill. App. 3d 628, 156 Ill. Dec. 108, 1991 Ill. App. LEXIS 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-malone-illappct-1991.