William Weaver,petitioner-Appellee v. Michael Bowersox,respondent-Appellant

241 F.3d 1024, 2001 U.S. App. LEXIS 2632, 2001 WL 173746
CourtCourt of Appeals for the Eighth Circuit
DecidedFebruary 23, 2001
Docket99-3462
StatusPublished
Cited by133 cases

This text of 241 F.3d 1024 (William Weaver,petitioner-Appellee v. Michael Bowersox,respondent-Appellant) 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
William Weaver,petitioner-Appellee v. Michael Bowersox,respondent-Appellant, 241 F.3d 1024, 2001 U.S. App. LEXIS 2632, 2001 WL 173746 (8th Cir. 2001).

Opinions

BYE, Circuit Judge.

The State of Missouri appeals from the judgment of the district court granting William Weaver’s petition for habeas corpus relief under 28 U.S.C. § 2254. The district court determined that Weaver’s Fourteenth Amendment rights under the Equal Protection Clause were violated when the state prosecutor exercised two peremptory strikes against black venire-persons during Weaver’s murder trial. We reverse; we also remand to the district court to address the remaining twenty-one issues raised in Weaver’s petition.

BACKGROUND

On July 19, 1988, a St. Louis County jury convicted Weaver, a black male, of first-degree murder for the death of Charles Taylor. The following day the jury sentenced Weaver to death.

During jury selection, the prosecutor exercised seven of his nine peremptory strikes on white venirepersons and the remaining two on black venirepersons, leaving a jury comprised of nine whites and three blacks. Weaver challenged the two strikes against black venirepersons, relying upon the Supreme Court’s decision in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The state trial court held a hearing at which the prosecutor explained his peremptory strikes by stating

there’s not a pattern of discrimination or systematic exclusion. There are three blacks on the jury, which is 25% of the jury, which I think is significantly higher than the black population in St. Louis County.
[1027]*1027The two blacks I struck with my peremptory strikes were not because the people were black but for other reasons. Let’s see. Juror number 27, Ms. Burns, I struck her for a number of reasons: One, in the death penalty phase, although she said she could impose the death penalty, I wasn’t persuaded that she could. I thought she said it with some reluctance and some hesitation. I also couldn’t maintain eye contact with her. I know bad vibrations and bad chemistry between a lawyer and a prospective juror doesn’t carry great weight with the Court or, at least, the Court of Appeals, but I think it’s a legitimate reason for the attorney to strike someone.
In any event, I was not persuaded that she could give the death penalty, particularly to a fellow black person. I didn’t think she was strong enough. I observed her a lot of times cutting up and talking to the black gentleman next to her, Mr. Innman, who I have left on the jury by way of my strikes. And I simply felt that she would not be a fair and impartial juror.
With regard to juror number 54, Ms. Newsome, I felt that she was a weak person, both during voir dire on the death penalty, and on the voir dire — just the general voir dire, although Ms. Black conducted most of it. My impression of her was that she was not particularly bright and I struck a couple of white people for that very same reason. I thought in a case like this I needed intelligent people. I didn’t figure she qualified in that regard and I thought she took the whole matter rather frivolously.
But in any matter, Judge, of nine peremptory strikes, I have used only two to strike blacks. Seven were used to strike whites. I have left three blacks on the jury, even though I have enough peremptory strikes to attempt to remove all five.
Perhaps I misstated my case somewhat with Ms. Newsome when I say intellectually weak. What I really meant is her personality struck me — granted, she did try hard to get on the jury, which showed civic minded interest; but in those interviews with the Court, she just struck me as a person that was a weak personality where the death penalty is involved, and I didn’t think she would be able to vote for the death penalty.

In evaluating the Batson claim, the state trial court observed that three of the jurors remaining on the panel were black, and also that the alternate juror was black. The trial court denied the Batson challenge stating that, “the court does find that no prima facie showing of discrimination in the jury selection has been made.”

Weaver brought post-conviction motions for relief in state court, which were denied. He also appealed his conviction and sentence to the Missouri Supreme Court. Weaver’s direct appeal was consolidated with his appeal from the denial of his post-conviction motions. On December 19, 1995, the Missouri Supreme Court affirmed the conviction and death sentence. See State v. Weaver, 912 S.W.2d 499 (Mo.1995).

The Missouri Supreme Court analyzed the Batson claim differently than the trial court. Rather than reviewing the trial court’s determination that the defendant had not established a prima facie showing of discrimination, on appeal the court focused on whether the prosecutor had offered race-neutral explanations for his peremptory strikes. The Missouri Supreme Court concluded that the prosecutor’s stated reasons for striking venireperson Burns were race-neutral, and that no Batson violation occurred.

What a prosecutor observes about a potential juror in voir dire, as well as what is said, may form a legitimate nondiscriminatory basis for exercising a peremptory strike. See Purkett, [514] U.S. [765, 768-69], 115 S.Ct. at 1771. Those [1028]*1028observations here included reluctance' and hesitation in answering questions, lack of eye contact with the prosecutor, lack of strength, and “cutting up” and talking during voir dire. The prosecutor’s explanation here was specific, race-neutral, and free of any racially discriminatory purpose. The trial court had the opportunity to observe the juror in question, listen to the manner in which she answered the questions, and to assess the prosecutor’s demeanor and reasons for striking the juror.

Weaver, 912 S.W.2d at 509.

The Missouri Supreme Court also concluded that no Batson violation occurred with respect to venireperson Newsome:

As to [Newsome], the state’s reason for striking her was race neutral. By her words and conduct, [Newsome] led the prosecutor to believe that she was frivolous, had a weak personality or was intellectually weak, particularly where the death penalty was concerned. It is not inherently pretextual to say that in a capital case a prosecutor would want serious jurors that are of above average intelligence and not reluctant to impose the death penalty when appropriate.

Id. at 509-10.

PROCEDURAL HISTORY

On April 18, 1996, Weaver filed a pro se habeas corpus petition in federal district court. At that time, Weaver had not yet petitioned the United States Supreme Court for review of the Missouri Supreme Court’s decision affirming his conviction and death sentence. The district court dismissed Weaver’s petition without prejudice so that he could fully exhaust his state remedies. Weaver petitioned the Supreme Court for a writ of certiorari, which the Court denied on October 7, 1996. Weaver v. Missouri, 519 U.S. 856, 117 S.Ct. 153, 136 L.Ed.2d 98 (1996).

On November 12, 1996, Weaver filed a second pro se habeas corpus petition in federal court.

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Cite This Page — Counsel Stack

Bluebook (online)
241 F.3d 1024, 2001 U.S. App. LEXIS 2632, 2001 WL 173746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-weaverpetitioner-appellee-v-michael-bowersoxrespondent-appellant-ca8-2001.