State v. Granier

592 So. 2d 883, 1991 WL 276964
CourtLouisiana Court of Appeal
DecidedDecember 30, 1991
Docket89-KA-0230, 89-KA-0888
StatusPublished
Cited by15 cases

This text of 592 So. 2d 883 (State v. Granier) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Granier, 592 So. 2d 883, 1991 WL 276964 (La. Ct. App. 1991).

Opinion

592 So.2d 883 (1991)

STATE of Louisiana
v.
Shawn L. GRANIER.

Nos. 89-KA-0230, 89-KA-0888.

Court of Appeal of Louisiana, Fourth Circuit.

December 30, 1991.

*884 William A. Roe, Belle Chasse, for appellant.

Before SCHOTT, BARRY and BYRNES, JJ.

BYRNES, Judge.

After defendant's conviction and sentenced were affirmed, State v. Granier, 563 So.2d 1354 (La.App. 4 Cir.1990), the Supreme Court 578 So.2d 528, remanded the case to the court for reconsideration in light of Powers v. Ohio, ___ U.S. ___, 111 S.Ct. 1364, 113 L.Ed.2d 411 (1991), State v. Collier, 553 So.2d 815 (La.1989), and State v. Wille, 559 So.2d 1321 (La.1990). Shawn Granier was charged with distribution of marijuana and was found guilty by jury under La.R.S. 40:966(A)(1). He was thereafter adjudicated a multiple offender and sentenced to ten years at hard labor under La.R.S. 15:529.1. Granier appeals from that conviction relying on two assignments of error. We affirm.

On February 12, 1987, Agent Keith Ruggles of the Plaquemines Parish Sheriff's Office went to the Den Lounge in Venice, Louisiana as part of an undercover operation, known as Clean Sweep, being conducted in that area. Upon entering the bar, Agent Ruggles saw a confidential informant and began conversing with him. The informant told Agent Ruggles that a man known as Shawn Granier had been in the bar earlier trying to sell marijuana and that he told Granier that he had a friend who may be interested later. At around 10:00 p.m. the informant introduced Agent Ruggles to Granier, as his friend "Toney". A short time later, Granier indicated to Agent Ruggles to go outside. Once outside the bar, Granier sold Agent Ruggles a substance, later identified as marijuana, for twenty dollars. After the deal was concluded, Agent Ruggles returned to the narcotics office, followed by the backup team composed of Agents Charles Young and Terry Rutherford. Subsequently in October 1987, a warrant for Granier's arrest was issued. On November 19, 1987, Granier was charged by bill of information for violating R.S. 40:966(A)(1) relative to distribution of marijuana. Granier pleaded not guilty. On May 9 and 10, 1988 a jury trial was held. The jury found Granier guilty as charged. On October 25, 1988, the court sentenced Granier to serve seven years at hard labor. On January 20, 1989, the State filed a multiple offender bill of information charging Granier with being a second felony offender under La.R.S. 15:529.1. Granier pleaded not guilty. On March 2, 1989, the court found Granier guilty, vacated the seven year sentence, and resentenced him to serve ten years at hard labor. From this conviction, Granier appeals.

*885 ASSIGNMENTS OF ERROR

Granier contends two assignments of error. First, Granier contends that the trial court erred by failing to either dismiss the jury and/or grant a motion for mistrial based on Granier's claim that the state used its peremptory challenges to systematically exclude blacks from the jury. In his second and third assignments, Granier contends that the trial court committed reversible error by admitting hearsay testimony from a police officer witness on what he was told by a confidential informant regarding a conversation between the informant and Granier.

SCOPE AND COURSE

In his first assignment of error, Granier contends that the trial court erred by failing to either dismiss the jury and/or grant the motion for a mistrial which was based on the claim that the State used its peremptory challenges to systematically exclude blacks from the jury, thus denying Granier's his right of due process and equal protection. Granier argues that the protections of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), as accepted by this state in State v. Thompson, 516 So.2d 349 (La.1987), should be extended to him, a white defendant, in light of Louisiana Criminal Code of Procedure article 795.

In Batson, the United States Supreme Court discussed the criteria to establish a prima facie case of purposeful discrimination in the selection of the petit jury solely on evidence concerning the prosecutor's exercise of peremptory challenges. In Thompson, the Louisiana Supreme Court stated, "To establish a prima facie case under Batson, the defendant must show that he is a member of a cognizable racial group and that the State has exercised peremptory challenges to remove members of his race from the petit jury." Id. at 353. A "cognizable racial group" as defined by the United States Supreme Court in Castaneda v. Partida, 430 U.S. 482, 97 S.Ct. 1272, 51 L.Ed.2d 498 (1977), is "one that is a recognizable, distinct class, singled out for different treatment under the laws, as written or applied." Once the prima facie showing has been made by the defendant under Batson, the burden shifts to the state to put forward a neutral explanation for challenging black jurors. Batson, supra; Thompson, supra.

However, in the recent United States Supreme Court decision of Powers v. Ohio, ___ U.S. ___, 111 S.Ct. 1364, 1366, 113 L.Ed.2d 411 (1991), the Court held that a criminal defendant may object to the race-based exclusions of jurors effected exclusions of jurors effected through peremptory challenges whether or not the defendant and the excluded juror share the same race. "Although a defendant has no right to a `petit jury composed in whole or in part of persons of [the defendant's] own race,' Strauder [v. West Virginia] 100 U.S. [303] at 305, 25 L.Ed. 664 [ (1880) ] he or she does have the right to be tried by a jury whose members are selected by non-discriminatory criteria." Powers v. Ohio, 111 S.Ct. at 1367. "We hold that the Equal Protection Clause prohibits a prosecutor from using the state's peremptory challenges to exclude otherwise qualified and unbiased persons from the petit jury solely by reason of their race." Id. at 1369.

In State v. Collier, 553 So.2d 815, 819 (La.1989) the Louisiana Supreme Court states that:

The trial judge must determine whether the defendant has established the requisite prima facie case. In making this determination, the trial judge should consider all relevant circumstances, including any pattern of strikes by the prosecutor against black jurors and any questions or statements by the prosecutor during voir dire examination in exercising his challenges which may support or refute an inference of purposeful discrimination.

However, the trial judge need not find a prima facie case of purposeful discrimination, but may require a prosecutor to explain its peremptory challenges as a precaution in the event the appellate court determined there was a prima facie showing. Id. at fn. 5. If the trial court finds a prima facie showing of the exclusion of *886 jurors based solely upon their race, the burden shifts to the prosecutor to show its challenges were exercised for reasons other than race. This showing would be something less than a challenge for cause. Id. at 820. In consideration of Powers, the showing would be something more than the prosecutor's assumption or intuition that the juror will be partial to the defendant because of the juror's race. Id. The neutral explanation must be one which is clear, reasonably specific, legitimate and related to the particular case at bar. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
592 So. 2d 883, 1991 WL 276964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-granier-lactapp-1991.