People v. Tennille; People v. Rutledge

315 Mich. App. 51
CourtMichigan Court of Appeals
DecidedApril 14, 2016
DocketDocket 323059 and 323314
StatusPublished
Cited by16 cases

This text of 315 Mich. App. 51 (People v. Tennille; People v. Rutledge) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Tennille; People v. Rutledge, 315 Mich. App. 51 (Mich. Ct. App. 2016).

Opinions

GLEICHER, J.

Defendants jointly stood trial for the murder of Charles Whitfield. A jury convicted both of first-degree murder, MCL 750.316(a), felony murder, MCL 750.316(b), and possession of a firearm during the commission of a felony, MCL 750.227b. Defendants contend that their convictions are tainted by the prosecutor’s use of peremptory challenges to strike five African-American jurors in contravention of Batson v Kentucky, 476 US 79; 106 S Ct 1712; 90 L Ed 2d 69 (1986). Each also raises evidentiary challenges. We find defendants’ Batson argument potentially disposi-tive and remand for proceedings consistent with this opinion.

i

When an attorney raises a Batson objection, the trial court must determine whether purposeful discrimination motivated the strike. A well-known three-[56]*56step process guides this inquiry. If the defendant establishes a prima facie case of racial discrimination, the burden shifts to the prosecutor to offer race-neutral explanations for his or her exercise of peremptory challenges. Id. at 97. Once the prosecutor has made that proffer, the defendant may argue that the stated reasons are pretextual. The trial court then resolves the challenge by determining whether the defendant has established purposeful discrimination. Id. at 98.

Sometimes, the prosecutor’s race-neutral reason for striking a minority juror is rooted in the juror’s demeanor during voir dire interrogation. The trial court must then evaluate “whether the juror’s demeanor can credibly be said to have exhibited the basis for the strike attributed to the juror by the prosecutor.” Snyder v Louisiana, 552 US 472, 477; 128 S Ct 1203; 170 L Ed 2d 175 (2008). This question is inherently factual.

Here, defense counsel raised a Batson challenge when the prosecutor peremptorily excused two prospective African-American jurors. When defense counsel objected, the prosecutor asserted that he exercised the strikes based solely on the jurors’ demeanors rather than their responses to questioning. The trial court accepted the prosecutor’s explanation as “a valid race neutral reason,” but the court made no factual findings regarding the jurors’ appearances, the prosecutor’s credibility, or whether defendants established purposeful discrimination. Because the trial court failed to articulate the basis for its decision, we must remand for an evidentiary hearing conducted pursuant to the strict guidelines we set forth in this opinion. If the necessary facts cannot be determined with confidence, the trial court must vacate defendants’ convictions and retry them.

[57]*57ii

The voir dire of defendants’ jury began on June 30, 2014, with the trial judge’s announcement: “I do all the voir dire.” The initial 14 venire members seated in the jury box included Juror 7, WB. In response to the court’s request for basic background information, WB offered that she lived in Detroit and attended “school for paralegal and. . . intern [ed] at Michigan Legal Services. No children.”

During a follow-up round of questioning, the court focused on relationships with attorneys and law-enforcement personnel. Juror 5, JG, volunteered that he was “[c]lose friends” with a Michigan state trooper. He conceded that this friendship might prevent him from “being fair and impartial to both sides” and apologized for feeling “biased toward the police in this case.” When asked whether he would “automatically believe someone just because their [sic] police officers,” JG answered, “99.9 percent, probably.” After a few more court-crafted questions aimed at mitigating this patent partiality, JG admitted that he would “probably” ‘tie leaning towards the police.” He vowed to “try” to follow an instruction to judge the credibility of a police officer in the same manner as he would judge the credibility of other witnesses. He then added:

My natural bias is I’ve had extremely good experience with law enforcement. Extremely good. I live in Dearborn. My experience there is top notch. Where I come from, originally, up north my experience has been very, very good. I was raised to have tremendous respect for them. It was a field I considered going into at one point myself.

The trial court turned to Juror 6, who indicated that his son was a police officer but affirmed that he could nonetheless be “fair and impartial to both sides.” The court then addressed prospective juror WB:

[58]*58The Court: Anyone else? Juror seven?
Prospective Juror: My cousin’s a lawyer.
The Court: Your cousin? And you’re studying to be a paralegal right now? Do they practice criminal law, civil law?
Prospective Juror: Real estate.
The Court: So, they don’t have anything to do with criminal law then?
Prospective Juror: No.
The Court: You promise not to call them up and ask them their opinion about the case?
Prospective Juror: I promise.
The Court: Have you taken any criminal justice or criminal law courses in your paralegal studies?
Prospective Juror: Yes.
The Court: Do you understand I’m giving the instructions in this case?
Prospective Juror: Yes.
The Court: You have to follow the instructions as I give them to you; do you understand that? You might have heard something different in one of your classes. You’re going to follow what I say right?
Prospective Juror: Yes.
The Court: And would anything you heard in your classes .. . impact your ability to be fair and impartial to both sides in this case?
Prospective Juror: No.

That concluded WB’s voir dire.

Before the close of the first day, the court excused JG for cause. The voir dire continued the next morning with the seating of replacement jurors in several empty positions. Prospective juror DC filled seat number five. The court requested that the new jurors “tell us about yourself, what you do for a living, your spouse [59]*59does for a living, if you have children or grandchildren, what city you live in.” DC responded that she was “divorced/single,” lived in Detroit, had two grown children, and had retired from her city of Detroit position as an “[administrative assistant.” When asked whether the new jurors had served on a jury before, DC responded that she had been on a criminal jury that reached a verdict twenty years ago. She spoke no further.

At the next opportunity for challenges (ten transcript pages after DC’s response), the prosecutor exercised peremptory strikes to dismiss WB and DC. Defense counsel for Rutledge immediately asked to approach the bench.1 According to the transcript, a “[b]rief sidebar” ensued. The court then stated, “Jurors 5 and 7, you’re excused from this jury.” Voir dire continued for several more hours.

After the jury was selected, the court returned to the Batson

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Cite This Page — Counsel Stack

Bluebook (online)
315 Mich. App. 51, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tennille-people-v-rutledge-michctapp-2016.