State v. Dobbins

685 So. 2d 446, 1996 La. App. LEXIS 2969, 1996 WL 709292
Louisiana Court of Appeal·Decided December 11, 1996·No. No. 28975-KA·Published·Cited by 3 cases

Opinion

| iNORRIS, Judge.

Michael Dobbins was charged by bill of information with four counts of aggravated battery, arising from an altercation at a party. He proceeded to trial, in which the six-member jury found him guilty ás charged on ■two counts, guilty of second degree battery on one count, and not guilty on the remaining count. He was adjudicated a second felony offender and sentenced.1 He now appeals, [448]*448urging that the District Court erred in its rulings on two Batson objections and in adjudicating him a second felony offender. Finding merit in one of his Batson arguments, we reverse and remand.

Procedural background 2

Out of the initial venire of 18 prospective jurors, two were subjected to peremptory challenges that are now the subject of assignments of error: Erie M. Hall, a black man, and Terri Odenbaugh, a white woman.

Hall testified, in response to questioning by the court, that he lives in Jonesboro, is a security guard at Stone Container.Corporation, and is single with a three-year-old son. Questioned by the prosecutor, Hall stated that he had been a security guard for about three years and that he did not know Dobbins; he neither admitted nor denied that he “may be involved in some support case,” but said there was no reason why he could not be a fair and impartial juror. Questioned by the defense, Hall stated that his first cousin, Brenda Calahan, worked in law enforcement, but said this would not affect his decision in the case. The State peremptorily challenged Hall; the court granted it. Dobbins lodged3 an objection ^pursuant to Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The court stated that it had granted the peremptory challenge because of pending criminal charges being prosecuted by the D.A.’s office against Hall.4 Defense counsel asserted that the case against Hall was only “child support enforcement,” and the prosecutor conceded that it was “an open child support ease.” The court granted the challenge and Hall did not serve on the jury. This is the basis of Dobbins’s first assignment of error.

Ms. Odenbaugh testified, in general questioning by the court, that she lives in Jones-boro, works at Louisiana Tech, and is married with a four-year-old child. In response to questioning by the defense, she stated that her first cousin, Shelton Coleman, was a State Trooper who lived in Jackson Parish but worked in the Alexandria area. She said this relationship would not affect her decision in the case. The court initially excused Ms. Odenbaugh after taking peremptory challenges,5 but then returned her to the panel with the ruling that it would disallow the defendant’s challenge. The defense objected to this ruling, stating that Ms. Odenbaugh had “executive type” employment and a first cousin on the State Police. The court ruled that “none of the reasons given by defense counsel came close to a reason to excuse the juror,” and Ms. Odenbaugh served on the jury. This is the basis of Dobbins’s second assignment of error.

Applicable law

The Equal Protection clause of the Fourteenth Amendment prohibits the State and the defendant from challenging potential jurors solely on account of their race. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986); Georgia v. McCollum, 505 U.S. 42, 112 S.Ct. 2348, 120 L.Ed.2d 33 (1992); see also La.C.Cr.P. art. 795 C. |3Either the prosecutor or defense counsel may raise a Batson objection, but the objecting party is required to establish a prima facie case of purposeful discrimination. Such a prima facie case is shown when the pertinent circumstances raise an inference that defense counsel or the prosecutor used peremptory challenges to exclude venire mem[449]*449bers of a cognizable racial group from serving on the jury solely because of race. State v. Collier, 553 So.2d 815 (La.1989); State v. Rose, 606 So.2d 845 (La.App. 2d Cir.1992). Once the objecting party makes its prima facie case, the burden shifts to the party who lodged the peremptory challenge to come forward with a race-neutral explanation for the challenge. The explanation need not rise to the level of a challenge for cause, but it may not be based on the assumption or intuitive judgment that the excused venire member would not be impartial because of his or her racial identity. The explanation must be clear, racially neutral, reasonably specific and related to the case at bar. State v. Collier, supra; State v. Wilson, 25,775 (La.App. 2d Cir. 2/23/94), 632 So.2d 861. With the objecting party’s prima facie case and the challenging party’s rebuttal, the trial court must determine whether the objecting party has established purposeful discrimination. State v. Powell, 598 So.2d 454 (La.App. 2d Cir.), writ denied 605 So.2d 1089 (1992). The trial court’s determination is entitled to great discretion. Batson v. Kentucky, supra at note 21; State v. Collier, supra. However, the absence of discrimination in making some decisions will not immunize the challenging party from its conduct in others. 476 U.S. at 95, 106 S.Ct. at 1722; State v. Poivell, supra.

Discussion

By his first assignment Dobbins urges the trial court erred in allowing the State to peremptorily challenge only black males and in sustaining a challenge against Eric Hall, a black man who had only a rule for child support pending | .¡against him. Because the prosecutor offered an explanation for this peremptory challenge and the court ruled on the issue of intentional discrimination, the threshold issue of whether Dobbins made a prima facie showing is moot. Hernandez v. New York, 500 U.S. 352, 359, 111 S.Ct. 1859, 1866, 114 L.Ed.2d 395 (1991).

The remaining issue is whether the State’s explanation was truly race-neutral. In support of the claim that it was pretextual, Dobbins urges that the trial court was “under the apparent impression” that criminal charges were pending against Hall, an impression that was mistaken by the prosecutor’s own admission. The commencement of civil action by the district attorney or the Department of Social Services for unpaid child support, however, is certainly a circumstance that could create a potential for bias against the prosecution.6 The existence of the support proceeding against the venire member is generally a sufficient race-neutral explanation for challenging a juror. State v. Poivell, supra, and citations therein.

Dobbins further argues that the court made no credibility evaluation of Hall, thus removing the decision from the court’s great discretion. However, both defense counsel and the prosecutor agreed that Hall was involved in a civil support case. The court obviously made an implicit finding that despite his assertion that nothing would affect his judgment in the case, the pending support case posed a sufficient threat to his objectivity to support the peremptory challenge. We perceive no abuse of discretion. This assignment lacks merit.

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Dobbins, 685 So. 2d 446, 1996 La. App. LEXIS 2969, 1996 WL 709292 (La. Ct. App. 1996).

685 So. 2d 446 (State v. Dobbins) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State of Louisiana v. Westly X. Freeman
Louisiana Court of Appeal, 2022
State v. Fielding
130 So. 3d 1052 (Louisiana Court of Appeal, 2014)
State v. Massey
91 So. 3d 453 (Louisiana Court of Appeal, 2012)