State v. Young

613 So. 2d 631, 1992 WL 410071
Louisiana Court of Appeal·Decided December 23, 1992·No. 91 KA 2105·Published·Cited by 8 cases

Opinion

613 So.2d 631 (1992)

STATE of Louisiana
v.
Robert T. YOUNG, Jr.

No. 91 KA 2105.

Court of Appeal of Louisiana, First Circuit.

December 23, 1992.
Rehearing Denied March 4, 1993.

*632 Washington Parish Dist. Atty., William J. Burris, Franklinton, William R. Campbell, Jr., New Orleans, for plaintiff-appellee State of La.

Darrell D. Cvitanovich, Baton Rouge, for defendant-appellant Robert T. Young, Jr.

Before EDWARDS, SHORTESS and WHIPPLE, JJ.

SHORTESS, Judge.

This appeal is the second taken by Robert T. Young, Jr. (defendant), from his 1986 conviction for second degree murder. LSA-R.S. 14:30.1. In defendant's first appeal, this court concluded the trial court erred in ruling, in response to defendant's Batson objections, that defendant failed to make a prima facie showing of purposeful discrimination in the selection of the petit jury in accordance with Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Because this court found no merit in defendant's other assignments of error, we conditionally affirmed his conviction and sentence but remanded the matter to the trial court for an evidentiary hearing "to allow the state an opportunity to provide racially neutral explanations for the actions taken in impaneling this jury." State v. Young, 551 So.2d 695, 700 (La.App. 1st Cir. 1989). After conducting an evidentiary hearing on March 6, 1991, the trial court ruled the State's explanations for the exercise of the peremptory challenges in question were racially neutral and overcame the Batson objection urged by defendant. Defendant has now appealed, arguing in his sole assignment of error the trial court erred in ruling the State provided sufficient racially neutral explanations for the peremptory challenges directed toward black prospective jurors.

FACTS[1]

The circumstances surrounding the State's exercise of peremptory challenges to exclude three black members of the jury venire were outlined by this court in defendant's first appeal, as follows:

During the instant proceeding, the state exercised six peremptory challenges, at least three of which were used to strike black potential jurors. In addition, other blacks were excused from the jury through challenges for cause. After the state had peremptorily challenged two of the black prospective jurors, Patricia Barnes and Roberta Sue Thomas, defendant claimed that the challenge of the two women, combined with the state's challenges during the voir dire of the first trial, showed a pattern of racial discrimination; accordingly, he moved the court to require the prosecution to state reasons for its peremptory challenges. The state argued that defendant failed to establish that the jurors were *633 stricken because of their race, but stated its readiness to provide the reasons for its challenges if necessary. The court denied defendant's motion, finding that no clear evidence had been presented that the state's exclusion of the jurors was discriminatory. Thereafter, a third black juror, Jerry Baker, was peremptorily excused by the state; defendant reurged his motion. The court noted that the state had peremptorily challenged one white prospective juror, as well as three black prospective jurors, and again found no recognizable pattern of discrimination.

State v. Young, 551 So.2d at 698-699 (footnote omitted).

At the March 6, 1991, remand hearing, Lewis V. Murray, III, the prosecutor at defendant's trial, denied the peremptory challenges against Patricia Barnes, Roberta Sue Thomas, and Jerry Baker were exercised for a discriminatory purpose. Additionally, in explaining his reasons for exercising these challenges, Murray testified his voir dire notes indicated he felt Barnes was "wishy washy" and "easily persuaded." With respect to Thomas, Murray's notes reflected his impression that she appeared disinterested, was not too bright, and was unresponsive. The following notations were made by Murray during voir dire regarding Baker: "explanation about drugs & self defense" and "has tickets pending." Murray explained that the first notation reflected his concern about a specific exchange between defense counsel and Baker, which occurred when defense counsel asked Baker if he would hold it against defendant if he had used drugs on the night of the offense. Baker's response was confusing and unresponsive as he unilaterally raised the possibility that the victim may also have been on drugs and that self-defense may have been involved. Murray was also concerned that the traffic tickets pending against Baker might influence him against the prosecution. According to Murray's testimony, these factors were the reasons for the peremptory challenges directed to Barnes, Thomas, and Baker.

In addition to Murray's testimony, the State introduced into evidence an affidavit executed by Murray upon the suggestion of the trial court, approximately three weeks after defendant's trial. The stated purpose of the affidavit was to explain the prosecutor's reasons for the six peremptory challenges exercised by the State, including the three in question. In this affidavit, Murray gave the following reasons for exercising challenges against the three potential black jurors: he felt Barnes could be persuaded easily and would not be able to make her own decision; Thomas appeared to be of limited education and intelligence; and Baker was challenged because of answers he gave under examination by defense counsel.

ASSIGNMENT OF ERROR

Defendant contends the trial court erred in finding the reasons offered by the State to be adequate, racially neutral explanations for the peremptory challenges the State exercised against three black prospective jurors. Defendant maintains the neutral reasons offered by the prosecutor are undermined by the record as a whole.

Once a defendant has established a prima facie showing of purposeful discrimination under Batson, the State has the burden of coming forward with a race-neutral explanation for the challenges in question. Batson v. Kentucky, 106 S.Ct. at 1723; State v. Thompson, 516 So.2d 349, 353 (La.1987), cert. denied, 488 U.S. 871, 109 S.Ct. 180, 102 L.Ed.2d 149 (1988). A neutral explanation is one which is based on some factor other than the race of the juror excused. Hernandez v. New York, ___ U.S. ____, 111 S.Ct. 1859, 1866, 114 L.Ed.2d 395 (1991). The prosecutor's explanation need not rise to the level required to justify the exercise of a challenge for cause and, furthermore, unless a discriminatory intent is inherent in the prosecutor's stated reasons, the explanation given should be deemed race-neutral. Hernandez v. New York, 111 S.Ct. at 1868; State v. Thompson, 516 So.2d at 354.

If a prosecutor presents reasons for the exercise of a peremptory challenge *634 which are racially neutral on their face, an issue of fact is joined and the trial court must assess the weight and credibility of that explanation in order to determine whether there was purposeful discrimination in the use of the challenge. State v. Collier, 553 So.2d 815, 820 (La. 1989). The trial court's conclusion on the ultimate question of discriminatory intent is a finding of fact which is accorded great deference on appeal. Hernandez v. New York, 111 S.Ct. at 1868; State v. Collier, 553 So.2d at 818. In Hernandez, the Supreme Court noted that according deference to this determinat

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State v. Young, 613 So. 2d 631, 1992 WL 410071 (La. Ct. App. 1992).

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