State v. Blackmon

744 S.W.2d 482, 1988 Mo. App. LEXIS 53, 1988 WL 1193
CourtMissouri Court of Appeals
DecidedJanuary 12, 1988
DocketNo. 14819
StatusPublished
Cited by5 cases

This text of 744 S.W.2d 482 (State v. Blackmon) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Blackmon, 744 S.W.2d 482, 1988 Mo. App. LEXIS 53, 1988 WL 1193 (Mo. Ct. App. 1988).

Opinion

HOGAN, Judge.

In this case, an all-white jury convicted Chris Blackmon, a black male, of selling marihuana in violation of § 195.020, RSMo Cum.Supp.1984. His punishment was assessed at imprisonment for a term of five (5) years, and he appealed. When the appeal was first submitted to this Court in April 1987, both the State and the defendant urged the Court to remand the cause for a hearing to determine whether the State’s exercise of its peremptory challenges violated the principles laid down in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).

At that time, we had before us the opinion in Griffith v. Kentucky, 479 U.S. -, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987), which held that Batson applied to criminal prosecutions pending on direct review or not yet final when Batson was decided. Griffith, 479 U.S. at-, 107 S.Ct. at 710. We also had before us an order dated February 17, 1987 in State v. Antwine, No. 67720, wherein our Supreme Court afforded some guidelines by which to determine whether the jury composition issue addressed in Batson and Griffith had been properly preserved for review. We concluded that the defendant’s objection during the trial was marginally sufficient to raise the question whether the State had exercised its peremptory challenges to exclude qualified black veniremen, thereby infringing defendant’s Fourteenth and Sixth Amend[483]*483ment rights to equal protection. We therefore remanded the cause to the trial court, ordering that court to determine: 1) whether the defendant had established a prima facie case of purposeful discrimination against qualified black veniremen, and 2) whether the State had a neutral explanation for its use of peremptory challenges to strike black veniremen from the panel. The trial court held an evidentiary hearing. It concluded that the State’s challenge to venireman J.C. Armour, a black man, was neither “neutral” nor “legitimate” within the meaning of Batson, 106 S.Ct. at 1723. The trial court’s findings of fact and conclusions of law have been filed here, and we now have the benefit of our Supreme Court's opinion on the merits in State v. Antwine, 743 S.W.2d 51 (Mo.banc 1987).

I

In Swain v. Alabama, 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759, the United States Supreme Court recognized that a State’s purposeful or deliberate denial to Negroes on account of race of participation as jurors in the administration of justice violates the Equal Protection Clause. Id., 380 U.S. at 203-204, 85 S.Ct. at 826. In Batson, the court further held that a defendant in a state criminal trial could establish a prima facie case of racial discrimination violative of the Fourteenth Amendment based on the prosecution’s use of peremptory challenges to strike members of the defendant’s race from the jury venire, and that, once the defendant had made a prima facie showing, the burden shifted to the prosecution to come forward with a neutral explanation for those challenges. Griffith v. Kentucky, 479 U.S. -, -, 107 S.Ct. 708, 710, 93 L.Ed.2d 649 (1987). As noted, Griffith also applied Batson to criminal prosecutions pending on direct review or not final when Batson was decided. Griffith, 479 U.S. at -, 107 S.Ct. at 710. Batson therefore controls here.

As our Supreme Court held in Antwine, 743 S.W.2d 63, Batson suggests that it should be read side-by-side with the United States Supreme Court’s Title VII cases. In interpreting Batson for our guidance, our Supreme Court held:

“The ultimate burden of persuasion lies with and never shifts from the defendant ... A defendant may ‘rely on the fact ... that peremptory challenges constitute a jury selection practice that permits “those to discriminate who are of a mind to discriminate”.’ ... and may establish a prima facie case of discrimination by showing that (1) defendant is a member of a cognizable racial group, (2) that the prosecutor has exercised peremptory challenges to remove members of the defendant’s race from the venire, and (3) that ‘these facts and any other relevant circumstances raise an inference that the prosecutor used that practice to exclude the veniremen from the petit jury on account of their race.' ...
Defendant’s establishment of a prima facie case creates a rebuttable presumption that the prosecutor exercised his peremptory challenges in a discriminatory manner. ... The burden ... then shifts to the State to rebut the presumption ... with a neutral explanation for challenging black jurors. ... The proffered neutral explanation ‘must give a “clear and reasonably specific” explanation of the State’s “legitimate reason” for exercising the challenges.’ ...
If the State comes forth with a neutral explanation, ‘the presumption raised by the prima facie case is rebutted ... and the factual inquiry proceeds to a new level of specificity.’ ... Defendant now has the obligation to demonstrate that the State’s explanations are merely pre-textual and, thus, not the true reason for the use of the State’s peremptory challenges.
As a practical matter, the third element of the prima facie case under Bat-son — ‘facts and any other relevant circumstances [which] raise an inference that the prosecutor used [his peremptory challenges] to exclude the veniremen from the petit jury on account of their race’ — requires the trial court to consider the State’s explanation of the manner in which it employed its challenges prior to making a final determination as to whether a prima facie case exists. We [484]*484must therefore direct our trial judges to consider the prosecutor’s explanations as part of the process of determining whether a defendant has established a prima facie case of racially discriminatory use of peremptory challenges.” [Citations omitted]

Antwine, 743 S.W.2d at 63-64.

The court then went on to consider the opinion of our colleagues at Kansas City in State v. Butler, 731 S.W.2d 265 (Mo.App.1987). In general, our Supreme Court agreed with the Western District’s analysis of the trial court’s obligation to assess the “neutrality” of the explanations offered by the prosecutor. However, the Antwine court qualified its agreement with the Butler opinion, stating:

“... And we believe that Batson leaves room for the State to exercise its peremptory challenges on the basis of the prosecutor’s legitimate ‘hunches’ and past experience, so long as racial discrimination is not the motive. We do not, therefore, adopt the holding of Butler that only objectively supportable explanations for its use of peremptory challenges survive a Batson challenge.” [Citations omitted]

Antwine, 743 S.W.2d 65.

The court was at pains to emphasize the subjective nature of discriminatory purpose in the jury selection process. Batson, it held, recognizes the subjective nature of peremptory challenges and permits their continued use. Nevertheless,

“... Batson

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Bluebook (online)
744 S.W.2d 482, 1988 Mo. App. LEXIS 53, 1988 WL 1193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-blackmon-moctapp-1988.