United States v. James McDaniel

436 F. App'x 399
CourtCourt of Appeals for the Fifth Circuit
DecidedAugust 12, 2011
Docket09-11080
StatusUnpublished
Cited by3 cases

This text of 436 F. App'x 399 (United States v. James McDaniel) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. James McDaniel, 436 F. App'x 399 (5th Cir. 2011).

Opinion

PER CURIAM: *

The defendant, James McDaniel, was convicted of (1) managing or controlling a drug-involved premises; (2) possessing a firearm in furtherance of his maintenance of a drug-involved premises; (3) possessing cocaine with intent to distribute; (4) possessing a firearm in furtherance of a drug trafficking crime; and (5) distributing an illegal drug the use of which resulted in a person’s death. He appeals, arguing that (1) the district court erred in rejecting his Batson claim; (2) the district court abused its discretion denying his request for a mistrial after a prosecution witness gave what McDaniel argues was unfairly prejudicial testimony; (3) the district court abused its discretion in denying his request for a mid-trial voir dire to ask jurors about their exposure to prejudicial news coverage of the trial; and (4) the district court abused its discretion in refusing to instruct the jury that it had to agree unanimously on the dates on which he possessed the cocaine and firearms. 1 We AFFIRM.

I.

The district court held a two-day voir dire in order to select the jury. At one point, the judge inquired of the entire ve-nire whether they “had any experience involving yourself, a member of your family, or any close friend that relates to the use or possession of illegal drugs or narcotics.” As relevant to this appeal, two prospective jurors, Keith Slyter, who is white, and Teresa Johnson, who is the same race as McDaniel, black, responded in the affirmative. Later, the prosecution asked Slyter to elaborate on his answer and Slyter stated that his brother had gone to prison for selling narcotics, an action which Slyter characterized as “totally idiotic.” Slyter further stated that he is “not that close to” his brother and therefore could hear the case without being influenced by his brother’s experience. There was no similar follow-up questioning of Johnson. The prosecution used one of its peremptory strikes against Johnson, but did not strike Slyter.

Based on these events, and on the fact that the prosecution had exercised a disproportionate number of its peremptory strikes against prospective jurors who were black, the defense made an objection under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The judge explained, “The Supreme Court and Fifth Circuit make it clear that the first part of the analysis [for such an objection is] that the person making the challenge [must] make a prima facie case that a potential juror is being excluded because of race. And if a prima facie ease is made, *402 then the burden then shifts to the other side to provide a race neutral explanation. And at the third stage, the person making the challenge must show that there [was] purposeful discrimination.”

Applying this framework, the judge stated that in light of defense counsel’s argument, “I think the defense has made a prima facie case of excluding black jurors. Forty percent of the government’s strikes were African American. Fourteen percent of the eligible pool to constitute the twelve person jury was African American.”

The judge then indicated that he was proceeding to the second step of the analysis and heard from the government. The prosecutor explained that he had struck Teresa Johnson because “she indicated that she had a close family member with a ... recent drug conviction.... The government struck all jurors within the strike panel ... that indicated that they had close family members with drug convictions.” The prosecutor then explained that Slyter was not struck because “he was not close to his brother.... He indicated that he was estranged from his brother at the time his brother was incarcerated for the drug conviction and even went so far as to say his brother lives in Michigan.... That indicated to me that was a distance — enough distance that that would not qualify as a close family member!,] [t]hat caused me concern.” The judge then inquired whether the prosecutor had asked any follow-up questions of Johnson to determine the nature of her relationship with her cousin who had been convicted of selling drugs, and the prosecutor responded that he had not. As a result, the judge asked, “why did you find it necessary to call Mr. Slyter forth and question him and not do the same as to Ms. Teresa Johnson?” The prosecutor replied that the further questioning related to Slyter’s relationship with his brother was “an afterthought.” The prosecutor had selected Slyter for additional questioning regarding whether he was personally acquainted with one of the government’s attorneys, and had only made additional inquiries about Slyter’s relationship with his brother following this other questioning.

The district court then provided the defense an opportunity to respond. Defense counsel stated, “Ms. Johnson didn’t say anything about this family member being close to her.... Nothing about Ms. Johnson’s demeanor or what she said or the way she said it indicated to this [sic] was an issue for her or that this was as the government has stated a close family member.... The government propounded no question to [Johnson to examine this issue].”

The court then recessed. Upon returning, the judge explained that, having concluded that the defense had established a prima facie case, “[w]e move to the next phase and the Court heard the explanation given by the government.... After hearing [the government’s] explanation as to why the individuals in question were stricken, the Court is satisfied that [the government] has articulated or set forth a race neutral basis for excluding [Johnson], As the Supreme Court said ..., the explanation does not have to be persuasive or plausible, but the Court states on the record that the explanation given by [the prosecution] is plausible, therefore, the defense’s challenge to the juror[ ] based upon the Batson case is denied.”

At trial, the prosecution presented overwhelming evidence on each count. It introduced a videotape showing McDaniel retrieving bags of cocaine from a safe he kept in his apartment. Numerous witnesses testified to McDaniel’s drug trafficking and that they had seen him with firearms when they bought drugs from him. One witness testified that Meaghan *403 Bosch — the young woman who the prosecution alleged had died as a result of drugs distributed by McDaniel — was at McDaniel’s apartment and under the influence of narcotics the night she disappeared. Another witness testified that he had seen Bosch unconscious and slumped over in McDaniel’s residence and had urged McDaniel to let her be taken to the hospital, but that McDaniel had refused. The same witness testified that McDaniel later admitted to him that Bosch had died. The prosecution also presented DNA evidence indicating that McDaniel could not be excluded as the source of DNA found on Bosch’s body, and that dog hairs found on a blanket found wrapped around Bosch’s body matched dog hairs found in McDaniel’s apartment.

At one point, the defense moved for a mistrial in light of testimony presented by the prosecution that carried sexual connotations, presenting a risk of unfair prejudice.

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Cite This Page — Counsel Stack

Bluebook (online)
436 F. App'x 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-james-mcdaniel-ca5-2011.