Raymond Joseph Echlin, Ronald Bishop (92-2009) Donald Johnson (92-2539) v. Robert Lecureux

995 F.2d 1344
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 17, 1993
Docket92-2009, 92-2539
StatusPublished
Cited by24 cases

This text of 995 F.2d 1344 (Raymond Joseph Echlin, Ronald Bishop (92-2009) Donald Johnson (92-2539) v. Robert Lecureux) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raymond Joseph Echlin, Ronald Bishop (92-2009) Donald Johnson (92-2539) v. Robert Lecureux, 995 F.2d 1344 (6th Cir. 1993).

Opinions

LIVELY, Senior Circuit Judge.

This is a consolidated appeal by the State of Michigan from an order of the district court granting habeas corpus relief to Michigan prisoners on the ground that the prosecutor at the petitioners’ state trial denied these white petitioners equal protection of the laws by exercising peremptory jury challenges to strike prospective jurors of the petitioners’ own race on account of their race. The petitioners were convicted of conspiracy to murder a black man who was living in a white neighborhood with a white woman and her child. The prosecutor exercised nineteen of twenty-one peremptory challenges against white members of the venire.

Four years after the petitioners’ 1982 convictions but while their cases were on direct appeal, the Supreme Court held in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), that a state prosecutor violated a black defendant’s Fourteenth Amendment equal protection rights by using peremptory challenges to remove black potential jurors solely on account of their race. Id. at 89, 106 S.Ct. at 1719. For Batson to apply, the defendant must show that he is a member of a cognizable racial group, that is, “that he is a member óf a racial group capable of being singled out for differential treatment.” Id. at 94, 106 S.Ct. at 1721. As in all equal protection cases, the government action must be shown to have been “purposeful” or “intentional discrimination.” id. at 93, 106 S.Ct. at 1721 (quoting various Supreme Court decisions). The Court also detailed the requirements for a defendant to make out a prima facie case of discriminatory selection of jurors. Id. at 96-97, 106 S.Ct. at 1722-23.

The State makes four arguments on appeal, including the contention that the extension of Batson sought by the petitioners and applied by the district court constituted a “new rule” that the district court had no power to apply retroactively in this case.

I.

We trace briefly the long history of this case that now- extends over eleven years.

A.

The Michigan Court of Appeals consolidat[1346]*1346ed Echlin and Bishop’s1 appeals and initially held that Batson was not to be applied retroactively and even if it was, the petitioners had failed to establish a prima facie case of discrimination. After the Supreme Court ruled in Griffith v. Kentucky, 479 U.S. 314, 328, 107 S.Ct. 708, 716, 93 L.Ed.2d 649 (1987) that Batson applied retroactively to cases on direct appeal when Batson was announced, the Michigan Supreme Court vacated the judgment of the court of appeals and remanded the case for reconsideration. The appeals court found that the record in the case was not adequate to ascertain whether the petitioners had made out a prima facie case and remanded the case to the trial court for a determination on this issue.

The trial court rejected the petitioners’ claims, finding that the venire and jury reflected a cross-section of the population of Detroit, and thus concluding that they failed to make out a prima facie case of purposeful discrimination. After hearing arguments of counsel, the court issued written findings in which the court concluded that it found nothing to indicate that the prosecutor made challenges solely on the basis of race.

Upon resubmission to the appeals court for final decision, that court affirmed the trial court’s finding that the petitioners had not made out a prima facie case, noting the fact that the prosecutor did not remove all the white members of the jury was “strong evidence against a showing of discrimination.” The court rejected the petitioners’ claim that the prosecutor’s statements during voir dire regarding the defendants’ peremptory strikes of black prospective jurors supported an inference of discrimination.

B.

The petitioners then filed this habeas corpus action. The district court disagreed with the Michigan courts, finding that the petitioners had established a prima facie case of discrimination. It then held an evidentiary hearing to give the State an opportunity to show race-neutral reasons for the peremptory strikes. The district court declined to accord the customary deference to the state court findings stating inter alia, that: (1) there was no support in the record for the state courts’ conclusions that the jury and venire represented a cross-section of the population of Detroit; (2) the statistics regarding the percentage of the prosecutor’s challenges against white persons “clearly suggested] an inference of discrimination” warranting a finding that the petitioners had made out a prima facie case; (3) the trial court never held an evidentiary hearing before finally resolving the Batson claim; and (4) the Michigan courts “gave short shrift” to the petitioners’ Batson claims.

Before disposition of the issue whether the petitioners carried their burden of proving purposeful discrimination, the district court by memorandum opinion and order denied the State’s motion to dismiss on the grounds that Batson was not retroactive and that the petitioners had no standing to raise Batson claims. The court decided the standing issue under Batson and therefore found it unnecessary to decide whether the petitioners relied upon a new rule. Although the prosecutor offered neutral reasons for the strikes at the six-day district court hearing, on July 31, 1992, the court determined that the prosecutor had stricken the prospective jurors based on their race.

The court thus granted the writs of habeas corpus and ordered the State to retry the petitioners within ninety days or release them from custody. The district court stayed its order granting the writs pending appeals to this court.

II.

The Supreme Court discussed at length the question of the retroactivity of new rules of constitutional procedure in Teague v. Lam, 489 U.S. 288, 299-310, 109 S.Ct. 1060, 1068-75, 103 L.Ed.2d 334 (1989). The Court stated:

Retroactivity is properly treated as a threshold question, for, once a new rule is applied to the defendant in the case an[1347]*1347nouncing the rule, evenhanded justice requires that it be applied retroactively to all who are similarly situated.

Id. at 300, 109 S.Ct. at 1069-70. Thus, we turn first to the retroactivity issue as a threshold question.

In Allen v. Hardy, 478 U.S. 265, 106 S.Ct. 2878, 92 L.Ed.2d 199 (1986), the Supreme Court held that Batson should not be applied retroactively on collateral review of a conviction that became final before the Batson opinion was announced. The Court noted that most decisions announcing new constitutional rules are automatically nonretroactive where the .decision overruled past precedent. Id. at 258,106 S.Ct. at 2880. The decision in Batson was a clear break from the decision in Swain v. Alabama, 380 U.S. 202, 85 S.Ct.

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Bluebook (online)
995 F.2d 1344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raymond-joseph-echlin-ronald-bishop-92-2009-donald-johnson-92-2539-v-ca6-1993.