Steven Martell Collins v. Bertram Rice Attorney General of the State of California

348 F.3d 1082, 2003 Cal. Daily Op. Serv. 9673, 2003 U.S. App. LEXIS 22855, 2003 WL 22519423
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 7, 2003
Docket01-56958
StatusPublished
Cited by12 cases

This text of 348 F.3d 1082 (Steven Martell Collins v. Bertram Rice Attorney General of the State of California) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steven Martell Collins v. Bertram Rice Attorney General of the State of California, 348 F.3d 1082, 2003 Cal. Daily Op. Serv. 9673, 2003 U.S. App. LEXIS 22855, 2003 WL 22519423 (9th Cir. 2003).

Opinions

Opinion by Judge PAEZ; Dissent by Judge CYNTHIA HOLCOMB HALL

OPINION

PAEZ, Circuit Judge:

Steven Collins appeals the district court’s order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus. During jury selection prior to his state court trial for possession of a controlled substance, Collins, an African-American male, alleged that race motivated the prosecutor’s peremptory strikes against two African-American women in the jury venire in violation of People v. Wheeler,1 but the state trial court rejected Collins’ Wheeler motion. The jury found him guilty of the possession charge and also found that Collins had been convicted of robbery and forcible rape in 1982. Accordingly, with three felony convictions, the court sentenced him to a three strikes term of twenty-five years to life in state prison.2 The California Court of Appeal affirmed [1085]*1085his conviction and sentence, and the California Supreme Court denied both Collins’ petition for review and his petition for a writ of habeas corpus.

We have jurisdiction pursuant to 28 U.S.C. § 2253, and we conclude that the California Court of Appeal’s decision that the prosecutor did not engage in purposeful discrimination during jury selection represents (1) an unreasonable determination of the facts in light of the evidence presented at trial, and (2) an objectively unreasonable application of clearly established law. Accordingly, we reverse with instructions to grant the petition.

BACKGROUND

After Collins was discovered in possession of 0.10 grams of powder cocaine in March 1996, the State of California charged him with possession of a controlled substance in violation of California Health and Safety Code section 11350(a). When jury selection began, the trial court excused ten of the original thirty-three members of the venire. Of the remaining twenty-three, three appeared to be African-American.3

During voir dire, Juror 016, one of two African-American women in the venire, stated that she lived in Inglewood, California, was single, had no children, no prior jury experience, no prior employment experience in law enforcement, and worked as an automations clerk for the Federal Aviation Administration. She also stated that no one close to her had ever been accused of a drug-related offense, nor had anyone close to her had a problem with alcohol or drugs, and that she had no reason to believe that drug dealers operated in her neighborhood. When asked whether she thought that possession of rock cocaine ought to be against the law, she answered “yes.” Juror 016 also told the court that there was nothing about the nature of the charge of possession of rock cocaine that might make it difficult for her to sit on a case involving drug charges. The prosecutor exercised a peremptory challenge to excuse Juror 016.

Juror 019, the other African-American woman in the venire, told the court that she lived in Inglewood, California, was single with seven grown children,4 and was currently a retired nurse. She also stated that she had no relatives or close friends in law enforcement and had never had an experience with a police officer that was “particularly positive or particularly negative.” At one time, her youngest daughter had a problem with drugs. Juror 019 had no idea what kind of drugs but thought that it might have been cocaine. Juror 019 stated that she “was involved in” her daughter’s struggle with addiction and “had to help her,” but that she did not think that anything about her relationship with her daughter or the daughter’s cocaine problem would affect her ability to be fair and impartial in Collins’ case.

After the prosecutor exercised another peremptory challenge to excuse Juror 019, defense counsel made a motion pursuant to People v. Wheeler, 22 Cal.3d 258, 148 Cal.Rptr. 890, 583 P.2d 748,5 alleging that the [1086]*1086prosecutor had improperly dismissed Jurors 016 and 019 on the basis of race. The trial court determined that Collins had established a prima facie case of racial discrimination and thus asked the prosecutor to justify her peremptory challenges. The prosecutor responded:

Ms. 016 as well as Ms. 019 were both young and I was concerned with them being too tolerant of this type of case. Also, Ms. 016 made a remark when the judge made a response to her comment “uh-huh,” she turned away and rolled her eyes. I don’t think you asked her specifically to give a yes or no, but she went “yes,” and rolled her eyes and turned away from the court. She and Mr. 006 were both single, no ties.
[Defense Counsel]: Who is 006?
[Prosecutor]: He is the white juror. That was the reason, the justification, for excusing her, rather than her being an African-American. 019, she also had a daughter having a drug problem and she talked about not knowing much about what drug it was, things like that. She was not sufficiently educated in some areas to decide a case like this. But it is beyond any of her experience.

The judge, outside the presence of the prospective jurors, asked the prosecutor if she had any additional justifications to offer for striking the two African-American female jurors. The following colloquy took place:

[Prosecutor]: I was the one to bring to the court’s attention that the two African-American jurors that were excused were both female and the defendant is a male and there is a male African-American on the jury that has been on it since the beginning, I believe, of this case, of the jury panel that were seated. And there is a second female juror that is of African-American color, black color, on the jury, still seated. That is it, your honor, at this point. Does the court need cases for those types of reasons as being upheld in other courts, age and gender and inexperience with a certain subject area?
The Court: I’ll let you know. [Defense counsel], would you like to be heard?
[Defense counsel]: Yes. [Prosecutor] has talked about looking for more male/female balance. I thought the court was asking each of these potential jurors if they could be fair. And I don’t think that should be decided upon their gender. [Prosecutor] has compared Ms. 016 to Mr. 006, who she excused by saying they are both young and she didn’t feel she was getting enough information. If she wanted more information, she could have asked the court to ask more questions of Ms. 019....
The Court: [Prosecutor], do you have any authority to cite to the court that gender is not a suspect classification in the usage of peremptory challenges?
[Prosecutor]: I don’t have exact citations here for the court, but People v. Ortega, which also talks about the jury being balanced between young and old and men and women.
The Court: I recall the United States Supreme Court saying the use of peremptory challenges based on gender is improper. I don’t see, [Prosecutor], that you are seeking to justify excusing [1087]*1087people of one ethnicity based on their gender.

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348 F.3d 1082, 2003 Cal. Daily Op. Serv. 9673, 2003 U.S. App. LEXIS 22855, 2003 WL 22519423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steven-martell-collins-v-bertram-rice-attorney-general-of-the-state-of-ca9-2003.