People v. Valentine

582 N.E.2d 1338, 221 Ill. App. 3d 1082, 164 Ill. Dec. 394, 1991 Ill. App. LEXIS 1930
CourtAppellate Court of Illinois
DecidedNovember 15, 1991
Docket1-89-3495
StatusPublished
Cited by10 cases

This text of 582 N.E.2d 1338 (People v. Valentine) 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. Valentine, 582 N.E.2d 1338, 221 Ill. App. 3d 1082, 164 Ill. Dec. 394, 1991 Ill. App. LEXIS 1930 (Ill. Ct. App. 1991).

Opinion

JUSTICE MURRAY

delivered the opinion of the court:

After a jury trial, defendant Benjamin Valentine (Valentine) was found guilty of aggravated criminal sexual assault, attempted criminal sexual assault and home invasion (Ill. Rev. Stat. 1987, ch. 38, pars. 12 — 14, 8 — 4, 12 — 13, 12 — 11) and sentenced to concurrent terms of 55 years, 25 years and 7 years, respectively. He now appeals, alleging as error the following: (1) The prosecutor's violation of the so-called Bat-son rule (see Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712), (2) the trial court’s refusal to instruct the jury on voluntary and involuntary intoxication, and (3) the ineffective assistance of counsel at sentencing. For reasons that shall be discussed, we affirm defendant’s conviction and sentence.

It has become rather commonplace for the Batson error to be alleged in Cook County appeals. This situation is disturbing because it appears to reflect a dismaying lack of understanding of the tenets of the Batson decision and its progeny.

In Batson v. Kentucky the United States Supreme Court held that it was an error of constitutional dimension for prosecutors to utilize peremptory challenges to exclude one or more otherwise qualified and unbiased venirepersons based solely on race. The rationale for the rule is threefold, that purposeful discrimination in the selection of the venire (1) violates the defendant’s constitutional right to a trial by his peers, (2) violates the prospective juror’s right to participate in jury service, and (3) damages the community at large by undermining public confidence in the fairness of our system of justice. See Batson, 476 U.S. at 87-88, 90 L. Ed. 2d at 81, 106 S. Ct. at 1718; see also Powers v. Ohio (1991), 499 U.S. 400, 113 L. Ed. 2d 411, 111 S. Ct. 1364.

Because racial discrimination sanctioned by State action is unacceptable, we must be vigilant lest our legal system be manipulated to allow for tacit approval of such practice. Recognizing this, the Batson court attempted to find a method whereby racial discrimination in the jury selection process could be eradicated, while at the same time, the State’s historical privilege of exercising peremptory challenges could survive. To accomplish this goal, the Batson court made it encumbent upon trial courts to give meaningful and thoughtful consideration to the matter whenever a defendant objects to the prosecutor’s use of peremptories alleging that discrimination motivated the challenges.

A step-by-step process for analyzing such claims was suggested. According to Batson, the defendant would first be required to make a prima facie showing that the prosecutor utilized peremptory challenges in a purposefully discriminatory manner. (People v. Mahaffey (1989), 128 Ill. 2d 388, 412, 539 N.E.2d 1172.) Although it is no longer necessary that the defendant show that the State used peremptory challenges to remove from the venire persons who are of the defendant’s race, it is necessary for the defense to come forth with relevant circumstances that tend to support a finding that discrimination was the reason that a juror was challenged. Powers v. Ohio, 499 U.S. 400, 113 L. Ed. 2d 411, 111 S. Ct. 1364; People v. Edwards (1991), 144 Ill. 2d 108.

If the trial court determines that a prima facie showing has been established, the prosecutor must provide the rationale for having challenged the prospective juror or jurors for whom the defense has raised a question. Then the trial court must assess these explanations to determine whether they are legitimate, race-neutral, case-specific reasons which rebut the inference of discrimination or if they are merely pretextual. If, after considering all the relevant circumstances, including the explanations, an inference of racial discrimination persists, a mistrial must be declared and a new jury selected.

However, this entire process need not be a mechanical one. The overriding concern is to ensure that jury selection is not tainted by racially motivated discrimination and that the defendant is tried by a fair and impartial jury of his peers. (Hernandez v. New York (1991), 500 U.S. 352, 114 L. Ed. 2d 395, 111 S. Ct. 1859.) In the recent Hernandez decision, the Court held 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.” Hernandez, 500 U.S. at_, 114 L. Ed. 2d at 405, 111 S. Ct. at 1866.

The Hernandez opinion clarified the Batson directive and reminded both trial courts and courts of review that the focus should be on the ultimate issue of whether discrimination appears evident. The Hernandez court also reinforced the idea that “ ‘official action will not be held unconstitutional solely because it results in a racially disproportionate impact,’ ” but that “ ‘[p]roof of racially discriminatory intent or purpose is required.’ ” Hernandez, 500 U.S. at_, 114 L. Ed. 2d at 406, 111 S. Ct. at 1866, quoting Village of Arlington Heights v. Metropolitan Housing Development Corp. (1977), 429 U.S. 252, 264-65, 50 L. Ed. 2d 450, 464, 97 S. Ct. 555, 563.

Finally, a trial judge’s findings, because they constitute a credibility determination, should be given great deference. (Batson, 476 U.S. at 98 n.21, 90 L. Ed. 2d at 89 n.21, 106 S. Ct. at 1724 n.21; People v. Harris (1989), 129 Ill. 2d 123, 175, 544 N.E.2d 357.) Courts of review should not make an independent review of a trial court’s rejection of a Batson claim, but rather, should only overturn a trial court’s finding on the issue of discrimination if it finds the decision to be clearly erroneous. (People v. Johnson (1991), 218 Ill. App. 3d 967.) If, however, a reviewing court should find that peremptory challenges were used in a discriminatory manner, it is an error which may not be deemed harmless and reversal is required.

Keeping these standards in mind, we now turn our attention to the jury selection that occurred in this case.

The trial court was provided with a pool of 50 prospective venirepersons. Initially, the trial judge addressed the entire venire in a separate room, informing them of the charges against defendant, the names of persons involved and possible witnesses, as well as general principles of law. The names of 12 persons were then randomly selected, and these persons were brought to the courtroom for voir dire.

It is important to note that the trial court conducted the entire voir dire.

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Bluebook (online)
582 N.E.2d 1338, 221 Ill. App. 3d 1082, 164 Ill. Dec. 394, 1991 Ill. App. LEXIS 1930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-valentine-illappct-1991.