State v. Heard

917 So. 2d 658, 2005 WL 3407972
CourtLouisiana Court of Appeal
DecidedDecember 14, 2005
Docket40,284-KA
StatusPublished
Cited by5 cases

This text of 917 So. 2d 658 (State v. Heard) 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. Heard, 917 So. 2d 658, 2005 WL 3407972 (La. Ct. App. 2005).

Opinion

917 So.2d 658 (2005)

STATE of Louisiana, Appellee
v.
Darryl HEARD, Appellant.

No. 40,284-KA.

Court of Appeal of Louisiana, Second Circuit.

December 14, 2005.

*661 Larry English, Shreveport, for Appellant.

Walter E. May, Jr., District Attorney, Daniel W. Newell, Assistant District Attorney, for Appellee.

Before BROWN, PEATROSS and LOLLEY, JJ.

LOLLEY, J.

This criminal appeal arises from the Third Judicial District Court, Parish of Claiborne, State of Louisiana. The defendant, Darryl Heard, was convicted of second degree murder, and sentenced to life imprisonment, without benefit of probation, parole or suspension of sentence. La. R.S. 14:30.1. He now appeals, citing only errors in the jury voir dire. For the following reasons, his conviction and sentence are affirmed.

FACTS

On January 23, 2001, Brenda Dunn was stabbed to death in a vacant house very near the home of Heard's mother in Homer, Louisiana. Drops of Heard's blood were found near the victim's body and on the front porch of the house. Blood found on Heard's clothing was determined to be the victim's. Heard was arrested and charged with second degree murder. He was tried by a jury, found guilty as charged, and sentenced to life imprisonment, without benefit of probation, parole or suspension of sentence.

In this appeal, Heard does not contest the sufficiency of the evidence at the trial. Instead, his sole assignment of error alleges that the state struck African-American jurors in the voir dire in violation of the equal protection clause of the United States Constitution and Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Accordingly, the facts will address primarily the voir dire.

The record shows that the prospective jurors were called in panels of 18 at a time.[1] Three panels were called during *662 the voir dire. After a subsequent panel was called, the state and Heard were able to exercise "strike backs" on prospective jurors. After a jury was preliminarily selected, Heard asserted a challenge pursuant to Batson, noting that all 12 of the state's peremptory challenges had been exercised against African-Americans. In a hearing outside the presence of the jury, the trial court found that although the state did not exclude all blacks that were called, the fact that all 12 of the persons peremptorily challenged by the state were African-Americans, resulted in a "facial pattern" of discrimination. The trial court required the state to explain the reasons for its peremptory challenges. After hearing the state's various explanations for the peremptory challenges, the trial court found that the state had articulated sufficient non-discriminatory reasons for the exclusion of these jurors. Heard's objection was noted for the record. After the trial court's ruling, the jury was sworn in. Ultimately, it was composed of seven white jurors and five African-American jurors.

As stated, the jury found Heard guilty of second degree murder, and he was sentenced to life imprisonment, without benefit of probation, parole or suspension of sentence. This appeal ensued.

DISCUSSION

On appeal, Heard raises only one assignment of error. He maintains that the state exercised its peremptory challenges in a manner aimed to exclude prospective African-American jurors in violation of Batson. We disagree.

The United States Constitution prohibits the state from engaging in purposeful discrimination on the grounds of race in the exercise of peremptory challenges. Batson, supra. Louisiana law codifies the Batson ruling in La. C. Cr. P. art. 795, which provides, in pertinent part:

C. No peremptory challenge made by the state or the defendant shall be based solely upon the race of the juror. If an objection is made that the state or defense has excluded a juror solely on the basis of race, and a prima facie case supporting that objection is made by the objecting party, the court may demand a satisfactory racially neutral reason for the exercise of the challenge, unless the court is satisfied that such reason is apparent from the voir dire examination of the juror. Such demand and disclosure, if required by the court, shall be made outside of the hearing of any juror or prospective juror.
D. The court shall allow to stand each peremptory challenge exercised for a racially neutral reason either apparent from the examination or disclosed by counsel when required by the court. The provisions of Paragraph C and this Paragraph shall not apply when both the state and the defense have exercised a challenge against the same juror.
E. The court shall allow to stand each peremptory challenge for which a satisfactory racially neutral reason is given. Those jurors who have been peremptorily challenged and for whom no satisfactory racially neutral reason is apparent or given may be ordered returned to the panel, or the court may take such other corrective action as it deems appropriate under the circumstances. The court shall make specific findings regarding each such challenge.

When a defendant makes a Batson challenge, claiming the state has used *663 peremptory challenges in a manner which violates the Equal Protection Clause, the defendant must first make a prima facie showing that the prosecutor has exercised peremptory challenges on the basis of a juror's race. State v. Juniors, 2003-2425 (La.06/29/05), 915 So.2d 291. If the defendant fails to make a prima facie case, then the challenge fails. If a prima facie case is established, the burden shifts to the state to come forward with a race-neutral explanation for its peremptory challenges. Hernandez v. New York, 500 U.S. 352, 111 S.Ct. 1859, 114 L.Ed.2d 395 (1991); Batson, supra; State v. Juniors, supra.

If the state tenders a race-neutral explanation, then the trial court must decide, in the final step of this three-part analysis, whether the defendant has established purposeful racial discrimination. Purkett v. Elem, 514 U.S. 765, 767-768, 115 S.Ct. 1769, 1770-1771, 131 L.Ed.2d 834 (1995) (per curiam). To be facially valid, the prosecutor's explanation need not be persuasive or even plausible. Unless a discriminatory intent is inherent in the prosecutor's explanation, the reason offered will be deemed race-neutral. Hernandez v. New York, supra; State v. Juniors, supra; State v. White, 36,935 (La. App. 2d Cir.06/06/03), 850 So.2d 751, writ denied, 2003-2616 (La.05/14/04), 872 So.2d 510. The proper inquiry, in this, the final step of the Batson analysis, is whether the defendant's proof, when weighed against the prosecutor's proffered race-neutral explanations, is sufficient to persuade the trial court that discriminatory intent is present. State v. Juniors, supra.

The ultimate focus of the Batson inquiry is on the prosecutor's intent at the time of the strike. State v. Green, 94-0887 (La.05/22/95), 655 So.2d 272. In resolving the ultimate inquiry before it — whether the proffered race-neutral explanation should be believed — the trial court should examine all of the evidence available. State v. Juniors, supra.

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Cite This Page — Counsel Stack

Bluebook (online)
917 So. 2d 658, 2005 WL 3407972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-heard-lactapp-2005.