Salter v. State

735 So. 2d 1089, 1999 Miss. App. LEXIS 122, 1999 WL 155904
CourtCourt of Appeals of Mississippi
DecidedMarch 23, 1999
DocketNo. 96-KA-00288 COA
StatusPublished
Cited by3 cases

This text of 735 So. 2d 1089 (Salter v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Salter v. State, 735 So. 2d 1089, 1999 Miss. App. LEXIS 122, 1999 WL 155904 (Mich. Ct. App. 1999).

Opinion

SOUTHWICK, J.,

for the Court:

¶ 1. On March 24, 1998, we rejected all but one of Jerry Lewis Salter’s arguments in the appeal of his conviction for murder of Willie “Jake” Shield. The one reserved issue was whether the State had exercised its peremptory challenges in a racially discriminatory manner. After a remand to the Circuit Court on that issue, a hearing regarding the jury challenges was held. The trial court found that the State had not improperly used its challenges. We affirm.

¶ 2. The facts and holding on initial appeal of this case are explained in the 1998 opinion of this Court and is incorporated as an appendix. There we discussed the allegation that the State exercised its peremptory challenges in a manner to violate Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). We found that a prima facie case sufficient to require the State to explain its reasons for the challenges had been made at trial. The court on remand was -to conduct a hearing to elicit the State’s reasons for the challenges. The following were the choices for the trial judge:

After conducting the hearing, unless the trial court finds no purposeful discrimination by the State, a new trial must be ordered. If the court concludes that there was no impermissible discrimination, then the court should “by opinion and order make its factual findings and certify the same to this Court.” (Thorson v. State, 653 So.2d 876, 896 (Miss.1994)).

¶ 3. At the hearing the State explained each of its six challenges, all used against black veniremen. The trial judge explained that he had made and retained “pretty copious notes” from the earlier proceedings. The prosecution also had retained information from that earlier proceeding that allowed it to state the reasons for the strikes.

¶ 4. The first black prospective juror struck had the same last name (Anthony) as four people who had cases in the district attorney’s worthless check unit and who were from the same county as the juror. The State believed that it was likely enough that she was related to some of these other individuals as to justify using a peremptory challenge.

¶ 5. The next black venireman struck said that he knew defense counsel and had also at some time been to the lounge where the crime occurred.

¶ 6. The third had the same last name (Ball) as two local people with criminal records, one who had various charges against him from 1974-1994 and the other being someone with charges for aggravated assault pending against him at the time of Salter’s trial.

¶ 7. The fourth and fifth black venireman struck had been to the lounge at which the crime occurred at least twenty times each and may have known something about the case.

¶ 8. The final black prospective juror struck knew defense counsel and knew that he had defended a neighbor’s son who had been charged with a serious crime.

¶ 9. There was no evidence introduced by defense counsel to rebut any of these stated reasons.

¶ 10. The judge reviewed on the record the stated reason for striking each of these prospective jurors. The judge reviewed his own notes from the prior proceedings, including the statements that veniremen made in response to questions. His notes confirmed the statements made by the State as to four of the jurors, such as admissions to frequenting the lounge or knowing the defense counsel. The court was more troubled by the two who were [1091]*1091challenged because they had the same last name as someone who those assisting the State on jury selection knew to be suspected or convicted of crimes. He concluded, though, that the State’s reluctance to gamble with whether these jurors were related to the suspects was a race-neutral reason and not a pretext.

¶ 11. The challenges because veniremen knew the defense counsel are reasonable and have been upheld as facially race-neutral. Lockett v. State, 517 So.2d 1346, 1357 (Miss.1987). In fact, too close of a relationship is a challenge for cause. Holmes v. Elliott, 443 So.2d 825, 833 (Miss.1983). Familiarity with the crime scene and potentially with some of the witnesses, such as bartenders and other patrons who will be called to testify, is a logical concern. There were seven witnesses later called at trial who were customers, employees, or owners. Therefore a juror’s ability to -review evidence unaffected by prior associations and events was a- legitimate concern. Finally, the supreme court has found that a belief by a prosecutor that a juror may be related to a prison inmate from the county who has the same last name as the juror was a potentially weak but still a facially race-neutral reason. Henderson v. State, 641 So.2d 1184, 1185 (Miss.1994) (stating this was one of a group of reasons of which it was said that “some ... appear weak....”).

¶ 12. A peremptory challenge need not be based on a good reason; it just cannot have a racially discriminatory purpose. Whether facially, neutral reasons are accurate statements or instead are pretexts is a decision left to the discretion of the trial court. The trial court is in a unique position to consider the demeanor of counsel, which may be the best evidence confirming or disproving pretext. Stewart v. State, 662 So.2d 552, 559 (Miss.1995). We find that the trial court was within its discretion in concluding that these were facially neutral reasons and that they were not pretexts for racial discrimination.

APPENDIX:

DECISION OF COURT OF APPEALS MARCH 24, 1998

EN BANC

SOUTHWICK, J„ FOR THE COURT:

¶ 13. Jerry Lewis Salter was convicted by a jury in the Circuit Court of Lowndes County of the murder of Willie “Jake” Shield. Salter challenges his conviction on these grounds: (1) the State exercised its peremptory challenges in a racially discriminatory manner in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986); and (2) the jury verdict.was contrary to the overwhelming weight of the evidence. We find adequate evidence to support the verdict, but remand this cause to the Circuit Court of Lowndes County to conduct a hearing as mandated by Batson v. Kentucky.

FACTS

¶ 14. On October 23, 1994, Jerry Lewis Salter, along with his brother, girlfriend, and friend, went to a Columbus nightclub named the Flamingo Lounge. A fight erupted between Salter, his brother, and another patron of the club. The owner of the club testified that he escorted Salter and his brother outside while directing the other patron to remain inside of the club. Salter disputed the owner’s testimony and denied any involvement in the altercation.

¶ 15. Evidence was introduced that while standing outside of the club, Salter directed his girlfriend to return to his house to get his gun and two clips of ammunition. After she returned to the club, Salter placed-the gun behind the tire of a parked car and deposited the two clips of ammunition-in his pocket. Salter and his girlfriend then re-entered the club. Shortly after midnight; Willie Shields approached Salter outside of the club and informed him that it was not necessary to fight. While Salter and Shields continued to discuss the matter, Salter’s brother confronted Shields and alleged that Salter was not [1092]

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Bluebook (online)
735 So. 2d 1089, 1999 Miss. App. LEXIS 122, 1999 WL 155904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salter-v-state-missctapp-1999.