State v. Jones

968 So. 2d 1247, 2007 WL 3275198
Louisiana Court of Appeal·Decided November 7, 2007·No. 42,531-KA·Published·Cited by 20 cases

Opinion

968 So.2d 1247 (2007)

STATE of Louisiana, Appellee
v.
David D. JONES, Appellant.

No. 42,531-KA.

Court of Appeal of Louisiana, Second Circuit.

November 7, 2007.

*1249 Laura M. Pavy, for Appellant.

Walter E. May, Jr., District Attorney, Kenneth P. Haines, Tammy L. Gantt Jump, Assistant District Attorneys, for Appellee.

Before BROWN, WILLIAMS and GASKINS, JJ.

WILLIAMS, J.

The defendant, David D. Jones, was charged by bill of information with possession of a firearm by a convicted felon, a violation of LSA-R.S. 14:95.1, and attempted simple escape, a violation of LSA-R.S. 14:110(A) and LSA-R.S. 14:27. The charges were severed and defendant was tried separately on the charge of possession of a firearm by a convicted felon. After a jury trial, the defendant was found guilty as charged. Defendant's motions for new trial and for post verdict judgment of acquittal were denied. The trial court sentenced the defendant to serve 10 years at hard labor without the benefit of parole, probation or suspension of sentence. The defendant appeals his conviction and sentence. For the following reasons, we affirm.

FACTS

In January 2004, the defendant was charged by bill of information with possession of a firearm by a convicted felon and attempted simple escape. Previously, in May 2003, defendant had pled guilty to conspiracy to distribute cocaine and had been on supervised probation until his arrest for possession of the firearm. Defendant's probation was thereafter revoked.

During jury selection in this case, the state exercised its six peremptory challenges to exclude black jurors. The defendant objected to the state's exercise of its peremptory challenges under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The trial court found a pattern of strikes against black jurors and required the state to articulate race-neutral reasons for each of the challenges. Of the six peremptory challenges by the state, the defendant complains on appeal about the trial court's ruling concerning the prospective jurors Jacqueline Williams and John Wayne Bradley.

Williams was an employee of America First Insurance Company and resided in Quitman. She stated that her husband, Gerald Williams, was employed at Louisiana Tech University. Bradley was an employee at Smurfit Stone Container and resided in Jonesboro. Bradley stated he was a divorced father of six children and a gun owner. Neither Williams nor Bradley responded when the prosecutor asked prospective jurors if they or any of their relatives had been prosecuted by the district attorney's office.

For these two jurors, the state proffered the following reasons for peremptorily challenging them:

Jacqueline Williams: The prosecutor asked that Williams be excused because she failed to acknowledge, in response to two questions directed to the panel, that *1250 her husband had been previously arrested and prosecuted for flight from an officer in Bienville Parish in 2000. According to the prosecutor, Williams' husband, Gerald, had the same name and same address as the "Gerald Williams" who had been prosecuted for flight from an officer by the Bienville Parish District Attorney's office.
John Wayne Bradley: The prosecutor asked that Bradley be excused for three reasons: (1) he acknowledged that he was a gun owner, but did not acknowledge whether he agreed or not with the statement that one can have the right to bear arms taken away when one commits certain crimes; (2) he failed to acknowledge, in response to a question directed to the panel, that his son was being prosecuted for issuing worthless checks (according to the prosecutor, her office had an outstanding bench warrant for a "John Wayne Bradley, Jr.," whom she believed was the juror's son. However, there was nothing in the record indicating the names of Mr. Bradley's six children); and (3) he failed to acknowledge his own pending "non-support cases" with the district attorney's office.

Throughout the state's explanations, the defense objected to the prosecutor's references to information outside of that developed in voir dire.

As to Williams, the trial court accepted the state's explanation as race-neutral only after the prosecutor represented that the "Gerald Williams" her office had prosecuted was a person with the same name and address as Williams' husband. The prosecutor contended that it did not matter whether Williams was aware of her husband's prior prosecution, since she could still be biased if she were to learn of her husband's prior arrest during the trial.

Regarding Bradley, the trial court expressed concern about whether Bradley was aware that his son was being prosecuted or whether "John Wayne Bradley, Jr." was even Bradley's son. The prosecutor stated that her primary reason for challenging Bradley was the way he answered (or failed to answer) a question about taking away the right to bear arms upon commission of certain crimes. The court accepted the prosecutor's concern over Bradley's perceived problem with restricting gun ownership as a race-neutral explanation for the challenge.

The jury was ultimately comprised of ten white jurors and two black jurors. At the conclusion of the trial, the jury found the defendant guilty as charged. Subsequently, defendant filed a timely motion for new trial, based mainly on the court's denial of his Batson challenges, and a motion for post verdict judgment of acquittal. The trial court denied these motions and sentenced defendant to serve 10 years at hard labor without benefit of parole, probation or suspension of sentence, consecutive to any sentence imposed for his probation violation.

DISCUSSION

The defendant contends the trial court erred in denying his motion for new trial alleging improper selection of the jury. Defendant argues that the state's proffered explanations for the peremptory challenges were not supported by the record developed during voir dire, because the rationale in each instance was based on information known only to the state without any showing that the jurors were even aware of the information.

The United States Supreme Court has held that an equal protection violation occurs if a party exercises a peremptory challenge to exclude a prospective juror on the basis of a person's race. The three-step *1251 Batson process was recently described in Rice v. Collins, 546 U.S. 333, 126 S.Ct. 969, 163 L.Ed.2d 824 (2006), as follows:

A defendant's Batson challenge to a peremptory strike requires a three-step inquiry. First, the trial court must determine whether the defendant has made a prima facie showing that the prosecutor exercised a peremptory challenge on the basis of race. Second, if the showing is made, the burden shifts to the prosecutor to present a race-neutral explanation for striking the juror in question. Although the prosecutor must present a comprehensible reason, the second step of this process does not demand an explanation that is persuasive, or even plausible; so long as the reason is not inherently discriminatory, it suffices. Third, the court must then determine whether the defendant has carried his burden of proving purposeful discrimination. This final step involves evaluating the persuasiveness of the justification proffered by the prosecutor, but the ultimate burden of persuasion regarding racial motivatio

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State v. Jones, 968 So. 2d 1247, 2007 WL 3275198 (La. Ct. App. 2007).

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