State v. Lynch

443 N.W.2d 848, 1989 Minn. App. LEXIS 895, 1989 WL 87347
CourtCourt of Appeals of Minnesota
DecidedAugust 8, 1989
DocketC9-88-2590
StatusPublished
Cited by1 cases

This text of 443 N.W.2d 848 (State v. Lynch) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Lynch, 443 N.W.2d 848, 1989 Minn. App. LEXIS 895, 1989 WL 87347 (Mich. Ct. App. 1989).

Opinion

OPINION

NIERENGARTEN, Judge.

Cordova Jamal Lynch was found guilty of two counts of second degree assault and one count of first degree criminal damage to property, and sentenced to two consecutive terms of 60 months each for the assault convictions. Lynch appeals the trial court’s denial of certain pre-trial motions.

FACTS

Robert Smith and Marion Gilchrist got into an argument with appellant Cordova Lynch at an auto body shop. Later, as Smith and Gilchrist were driving along Plymouth Avenue, they spotted Lynch driving toward them in a gray Grand Am followed by Dedrick Mays, another acquaintance. Lynch made a u-tum and followed Smith into an alley where Lynch fired three shots at them from a handgun. Smith drove out of the alley but Mays tried to block Smith’s passage through an intersection. Smith avoided Mays’ car and telephoned the police.

Officer Falkowski responded to the call, and spotted Lynch and Mays just getting out of their cars, a few blocks away. Fal-kowski apprehended Mays, but Lynch got away. Falkowski found a loaded .357 Magnum handgun under the front passenger seat of Mays’ car. Subsequent testing of a bullet fragment found in the back seat of Smith’s car indicated that the bullet had been fired from the Magnum. Officer Fal-kowski then radioed for assistance.

Relying on a description given him by Falkowski, Officer Johnsrud found Lynch seated in a different car about a block away and arrested him. Lynch later admitted to the police that he had been at the auto body shop and that he had driven the gray Grand Am, but denied chasing Smith and Gilchrist or shooting at them.

Lynch was convicted of two counts of second degree assault and one count of criminal damage to property. Before trial, Lynch objected to the state’s use of a peremptory challenge to strike a black man from the jury panel. The trial court overruled the objection. The court also denied Lynch’s discovery motion and ruled his pri- or assault convictions admissible for purposes of impeachment. Lynch did not testify at trial, but did present testimony that he had been at his girlfriend’s house at the time of the alleged offenses.

ISSUES

I. Did the trial court err in overruling appellant’s objection to the state’s use of a peremptory challenge to strike one of two black people from the venire panel?

II. Did the trial court err in refusing to grant appellant’s counsel access to police *851 records which possibly contained references to gang-related activities of the complainants, or in the alternative, to conduct an in camera review of the records?

III. Did the trial court abuse its discretion by permitting impeachment use of appellant’s 1986 assault convictions had appellant taken the stand during trial?

ANALYSIS

1. The peremptory challenge

Lynch is a black man. Two of the 25 members of the venire panel were black. The state used its first of three peremptory challenges to strike one of the black venire-members from the panel. Lynch’s counsel objected, contending that the strike was purposeful discrimination warranting a new trial. The court overruled the objection.

Individual jurors may not be struck because of race alone.

The Equal Protection Clause guarantees the defendant that the State will not exclude members of his race from the jury venire on account of race or on the false assumption that members of his race as a group are not qualified to serve as jurors.

Batson v. Kentucky, 476 U.S. 79, 86, 106 S.Ct. 1712, 1717, 90 L.Ed.2d 69 (1986) (citations omitted).

To show discrimination Lynch must first establish a prima facie case of purposeful discrimination.

To establish such a case, the defendant first must show that he is a member of a cognizable racial group. * * * Second, the defendant is entitled to rely on the fact, as to which there can be no dispute, that peremptory challenges constitute a jury selection practice that permits "those to discriminate who are of a mind to discriminate.” Finally, the defendant must show that these facts and any other relevant circumstances raise an inference that the prosecutor used that practice to exclude the veniremen from the * * * jury on account of their race.

Id. at 96, 106 S.Ct. at 1722 (citations omitted).

The trial court should consider all relevant circumstances such as whether the selection indicates a pattern of strikes against black jurors, or whether the prosecutor’s questions and statements during voir dire support or refute an inference of discriminatory purpose. Id. at 96-97, 106 S.Ct. at 1722-1723. Once a defendant makes a prima facie case for discrimination, it is up to the state to “come forward with a neutral explanation for challenging black jurors.” Id. at 97, 106 S.Ct. at 1723. This explanation, however, need not rise to the level justifying exercise of a challenge for cause. Id.

Although one of the black venire-members was struck from the jury, one black woman remained on the panel. We need not be solely influenced by numbers. A specific mathematical formula is not required. U.S. v. Montgomery, 819 F.2d 847, 851 (8th Cir.1987). Excluding one of two black veniremembers falls short of raising an inference of purposeful discrimination necessary to establish a prima facie case under Batson. U.S. v. Porter, 831 F.2d 760, 767-68 (8th Cir.1987).

Even if Lynch did present a prima facie case for discrimination, the record indicates that the prosecutor articulated “a clear and reasonably specific and neutral explanation for the peremptory challenge.” Porter, 831 F.2d at 767. Just before trial the prosecutor summarized her objections for the record.

Of all the jurors that the State had to choose from and the State is required to strike three people, [Evan’s] explanations were the weakest as to his lifestyle and how he was maintaining it. And the State felt justified in striking him as a peremptory challenge due to his lack of satisfactory explanation of why he’s currently unemployed and why he would choose to work at Burger King rather *852 than Pillsbury or drive a school bus rather than work at Pillsbury.

The prosecutor articulated subjective but nondiscriminatory reasons for the challenge and we find no error in the court’s overruling of Lynch’s objection.

2. Access to police records

Lynch next contends the trial court erred by refusing either to permit Lynch’s attorney access to police records of gang activities, or, in the alternative, to inspect the documents in camera,

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749 N.W.2d 117 (Court of Appeals of Minnesota, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
443 N.W.2d 848, 1989 Minn. App. LEXIS 895, 1989 WL 87347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lynch-minnctapp-1989.