United States v. Jenkins

52 F.3d 743, 1995 WL 156913
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 11, 1995
DocketNos. 94-1503, 94-2911 and 94-3069
StatusPublished
Cited by33 cases

This text of 52 F.3d 743 (United States v. Jenkins) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Jenkins, 52 F.3d 743, 1995 WL 156913 (8th Cir. 1995).

Opinion

DIANA E. MURPHY, Circuit Judge.

James William Jenkins, Jr., Diamond Level Coleman, and Reevious G. Henderson appeal their convictions related to drug trafficking.1 They were convicted after a month long trial and sentenced to life in prison. On appeal they contend that the government violated their equal protection rights under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), by using peremptory challenges to eliminate minority members of the jury panel. Each of the appel[745]*745lants is African American. Henderson contends in addition that the district court2 erred in admitting prejudicial evidence of his participation in a drug transaction he claims was unrelated to the charged conspiracy. We affirm.

The original jury panel at trial consisted of 65 people. It included five African Americans and one Native American. Two African Americans were stricken for cause by the defense, and one was never called forward because the jury was selected before his number was reached. At the time peremptory challenges were exercised, the venire panel consisted of 28 prospective jurors, including juror 18, who was an African American, and juror 33, who was a Native American. A separate panel of five prospective alternate jurors included juror 51, who was an African American.

The government exercised two of its six peremptory strikes to eliminate jurors 18 and 33 and its one alternate peremptory strike to eliminate juror 51. The resulting twelve member jury and three member alternate panel included no racial minorities.

After the jury was selected but before it was sworn, the appellants asserted a Batson challenge to the government’s use of peremptory strikes against jurors 18, 33 and 51. The district court found that appellants had made a prima facie showing under Batson and asked the government to state its reasons for the strikes.

The government responded that it had stricken jurors 18 and 33 because they had scowled at the government attorneys and agents during voir dire and because their body language and facial expressions indicated disinterest in the proceedings. It felt they would not be good jurors given the length of the case and the issues involved. In response to the court’s inquiry whether other potential jurors had been stricken for similar reasons, the government stated that jurors 13, 32, 37, and 38, all of whom were white, had been stricken because they seemed disinterested or for the attitudes they exhibited in court.

The appellants apparently believed that the government’s explanation was pretextual. They argued to the court that what the government described as scowling was merely the jurors’ normal facial expression and did not indicate anti-government attitudes. They pointed out that although the stricken white jurors had also been assertedly removed because of disinterest, the government did not claim that any of them had scowled.

The district court found that the government had stated a racially neutral explanation for challenging jurors 18 and 33 that was related to the particular case. It also found that the explanation was reasonable, noting that attorneys are allowed to make judgments based on their observations of the demeanor or body language of panel members, and that the court had no reason to believe the government’s explanation was not credible. The court also reflected that counsel for the government and for the defense could be expected to vary in their assessment of juror demeanor because of their differing interests.3 It found that the strikes had [746]*746been made for legitimate reasons and concluded that they did not violate the appellants’ constitutional rights.

The government stated that it had stricken alternate juror 51 because of statements she made during voir dire about unfair treatment of people she knew by the Federal Bureau of Investigation during a related case. Her articulated concerns about that case included wiretaps even though there apparently were none. The district court found the strike “entirely reasonable ... based on her response to the questions.” He found the explanation to be race neutral and legitimate, concluding that the strike did not violate the principles of Batson.

On appeal, defendants’ Batson challenge focuses on the government’s strikes of jurors 18 and 33. They claim that the district court omitted the third step required by Batson, consideration of whether the government’s stated reason was pretextual and whether purposeful discrimination by the government had been established. They allege the district court failed to consider the veracity of the government’s asserted explanations. The government responds that the district court adequately and properly found that the strikes had not been motivated by race.

Batson claims are evaluated under a three part analysis. First, a defendant must make a prima facie showing that the prosecutor has stricken a potential juror because of race. Second, if such a showing is made, the burden shifts to the prosecutor to articulate a race neutral explanation for striking the prospective juror. Third, the district court must decide the ultimate question whether the defendant has proven purposeful discrimination. United States v. Brooks, 2 F.3d 838, 840 (8th Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 1117, 127 L.Ed.2d 427 (1994); see Hernandez v. New York, 500 U.S. 352, 358-59, 111 S.Ct. 1859, 1866, 114 L.Ed.2d 395 (1991) (citing Batson). The district court’s ultimate finding on the issue is set aside only if clearly erroneous. Hernandez, 500 U.S. at 369, 111 S.Ct. at 1871.

When peremptory strikes are challenged, neutral explanations that are based on subjective assessments, such as a juror’s demeanor or appearance, must be carefully scrutinized. United States v. Sherrills, 929 F.2d 393, 395 (8th Cir.1991). The attorneys should fully develop the record concerning the specific behavior by venire members that motivated the peremptory challenge, United States v. Scott, 26 F.3d 1458, 1466 (8th Cir.), cert. denied, — U.S. -, 115 S.Ct. 584, 130 L.Ed.2d 498 (1994), and the district court should assess the credibility of the explanation. Elem v. Purkett, 25 F.3d 679, 684 (8th Cir.1994). Because the district court is in the best position to evaluate the truthfulness of an asserted explanation, its findings should be accorded deference on appeal. Hernandez, 500 U.S. at 364, 111 S.Ct. at 1868-69.

Here, the government described specific behavior by jurors 18 and 33, such as scowling, that its attorneys and agents had observed and interpreted as disinterest. Defense counsel argued in response that they had seen no scowling.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Jeremy Young
129 F.4th 459 (Eighth Circuit, 2025)
State of Tennessee v. Robert Allison Franklin
Court of Criminal Appeals of Tennessee, 2018
United States v. LaQuan Carter
481 F.3d 601 (Eighth Circuit, 2007)
Zakour v. UT Medical Group, Inc.
215 S.W.3d 763 (Tennessee Supreme Court, 2007)
Elijah W. Swope v. Asim Razzaq, M.D.
428 F.3d 1152 (Eighth Circuit, 2005)
United States v. Leonard Love
419 F.3d 825 (Eighth Circuit, 2005)
United States v. Lyman Gerald Crawford
413 F.3d 873 (Eighth Circuit, 2005)
United States v. Castoreno-Jaime
285 F.3d 916 (Tenth Circuit, 2002)
State v. Carroll
34 S.W.3d 317 (Court of Criminal Appeals of Tennessee, 2000)
State v. Calvin Scott
Court of Criminal Appeals of Tennessee, 1999
Tyrone Devoil-El v. Michael Groose, Superintendent
160 F.3d 1184 (Eighth Circuit, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
52 F.3d 743, 1995 WL 156913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jenkins-ca8-1995.