Smith v. State

620 So. 2d 727, 1992 Ala. Crim. App. LEXIS 170, 1992 WL 95003
CourtCourt of Criminal Appeals of Alabama
DecidedMarch 13, 1992
DocketCR-89-1290
StatusPublished
Cited by8 cases

This text of 620 So. 2d 727 (Smith v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. State, 620 So. 2d 727, 1992 Ala. Crim. App. LEXIS 170, 1992 WL 95003 (Ala. Ct. App. 1992).

Opinion

ON RETURN TO REMAND

McMillan, judge.

This cause was remanded to the trial court for the resolution of two matters: one from the guilt phase and one from the sentencing phase. 588 So.2d 561. The trial court was instructed to make findings of fact regarding the racial composition of the venire and', specifically, the race of those veniremembers who were struck by the State. The trial court was to determine whether a prima facie case of racial discrimination on the part of the State existed and, if so, to require the prosecutor to come forward with reasons for his strikes of black veniremembers. The trial court was then to determine whether those reasons were sufficiently race-neutral. This cause was also remanded for the trial court to enter written findings of fact and conclusions of law as to the aggravating and mitigating circumstances in this ease, pursuant to § 13A-5-47(d), Code of Alabama 1975.

In his order on return to remand, the trial judge determined that 51 people served on the jury venire. Of those, 37 were white and 14 were black. The trial court found that the prosecutor used 10 of his 19 strikes against blacks, striking 5 black males and 5 black females. The trial court further determined that defense counsel used 3 of their 18 strikes against black veniremembers, striking 2 black males and 1 black female. One black male served on the jury. The trial court noted that, after the jury was struck, there were no objections to the composition of the jury, nor was there any mention of this issue until the motion for new trial.

The trial court then determined that the appellant failed to meet his burden of proving a prima facie case of purposeful racial discrimination. In his order, the trial court stated:

“The Court further finds that the defendant who claims a Batson violation bears the initial burden of making a pri-ma facie showing that the prosecution has used its peremptory strikes in a racially discriminatory manner. Further, the defendant must establish relevant facts and circumstances that ‘raise an inference that the prosecutor used his peremptory strikes to exclude venireman [sic] from the petty [sic] jury on account of their race.’ Batson v. Kentucky, [476] U.S. [79] [at] 96, 106 S.Ct. [1712] at 1723 [90 L.Ed.2d 69 (1986)].
“The Court further finds that until the defendant meets this burden, the prosecutor is under no obligation to offer explanations for its peremptory strikes. [Harrell v. State], 555 So.2d 263, 268 (Ala.1989); Robinson v. State, 545 So.2d 828, 832 (Ala.Cr.App.1989).
“The Court further finds that the case of Powers v. Ohio, [499 U.S. 400,] 111 S.Ct. 1364, 1366, 113 L.Ed.2d 411 (1991), held that a criminal defendant may object to race-based exclusions of jurors effective through peremptory challenges whether or not the defendant and the excluded juror share the same race.
“The Court further finds that the defendant may not prove his prima facie case solely from the fact that the prosecutor struck one (1) or more blacks from his jury. United States v. Lane, 866 F.2d 103, 106 (4th Cir.1989).
“The Court further finds the defendant must offer some evidence in addition to the striking of blacks that would raise the inferences of discrimination. Ex parte Branch, 526 So.2d 609, 623-24 (Ala.1987).
“The Court further finds that the defendant failed to meet his burden of proving a prima facie showing of purposeful racial discrimination. The defendant provided no relevant circumstances to suggest the prosecutor’s strikes were used in a discriminatory manner.
[729]*729“The Court further finds the defendant in this case had a fair and impartial public jury trial as guaranteed by the Constitution of the United States and the State of Alabama.”

The trial court did not hold a hearing concerning this matter, but rather made this decision based on the record of the original proceedings. However, because the appellant was unable to present any evidence to support his claim of discrimination, he made a motion for reconsideration, which included such evidence. The trial court denied this motion, but granted the appellant’s motion to supplement the record with his motion for reconsideration and the attachments thereto.

In his motion for reconsideration, the appellant argues “that since being provided with the factual information about the race of the jurors struck by the prosecutor, he has not been given the opportunity to make a prima facie showing in that he had intended to make such a showing at the scheduled hearing.” The appellant’s counsel on appeal pointed out that he did not represent the appellant at his trial and, therefore, that he had no knowledge of the race of the jurors struck prior to receiving the strike list from the trial court, after the case had been remanded.

In the appellant’s motion, he first argues that the number of strikes used by the State against blacks raises an inference of discrimination. Ex parte Williams, 571 So.2d 987 (Ala.1990); Walker v. State, 586 So.2d 49 (Ala.Cr.App.1991); Floyd v. State, 539 So.2d 357 (Ala.Cr.App.1987). The appellant then continues by setting out a number of factors, which were present in his case and which raised an inference of discrimination, such as would satisfy the mandates of Ex parte Branch, 526 So.2d 609 (Ala.1987). The appellant set forth the following factors to support his case:

“11. FACTOR 1: The court must consider any ‘[ejvidence that the jurors in question shared only this one characteristic — their membership in the group — and that in all other respects they were as heterogeneous as the community as a whole.’ Ex parte Branch, 526 So.2d at 662 (citations omitted); see also Ex parte Harrell, 571 So.2d 1270, 1272 (Ala.1990). In this case, the prosecutor struck a heterogeneous group of black people who seemingly had nothing in common but their race. The prosecutor struck both black men and black women;4 black retired people, a black housewife, and black working people;5 married black people,6 single black people,7 and a separated black person.8
“12. FACTOR 2: The court must consider whether there is ‘[a] pattern of strikes against black jurors on the particular venire.’ Id., 526 So.2d at 623. Here the prosecutor struck 10 of the 14, or 71 percent, of the black veniremembers even though blacks constituted only 27 percent of the venire.
“13. FACTOR 3: The court must consider the past conduct of the district attorney in his use of peremptory strikes against black people. Id., 526 So.2d at 623. See also Ex parte Bird and Warner, [594] So.2d [676, 681] (Ala.1991), (citing Swain v. Alabama, 380 U.S. 202 [85 S.Ct. 824, 13 L.Ed.2d 759] (1965)).

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Related

Baird v. State
849 So. 2d 223 (Court of Criminal Appeals of Alabama, 2002)
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908 So. 2d 273 (Court of Criminal Appeals of Alabama, 2000)
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649 So. 2d 1304 (Court of Criminal Appeals of Alabama, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
620 So. 2d 727, 1992 Ala. Crim. App. LEXIS 170, 1992 WL 95003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-alacrimapp-1992.