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State v. Jim10/18/1988
power to use peremptory challenges in criminal trials is limited by the equal protection clause of the federal Constitution. Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712, 90 L. Ed. 2d 69 (1986); State v. Goode, 107 N.M. 298, 756 P.2d 578 (Ct. App. 1988); State v. Sandoval, 105 N.M. 696, 736 P.2d 501 (Ct. App. 1987). These cases hold that the state may not use its peremptory challenges in a racially-discriminatory manner to exclude members of a cognizable racial group from a jury simply because of such membership. They hold that a claim of discriminatory use of peremptory challenges must be examined under a two-step process. First, defendant must make a prima facie showing that the state's challenges were exercised in a purposefully discriminatory manner. After defendant has made the requisite showing, the burden shifts to the state to come forward with a racially-neutral explanation for its challenges.
In order to establish a prima facie case, defendant must show that: (1) he is a member of a cognizable racial group; (2) the state has exercised its Peremptory challenges to remove members of that group from the jury panel; and (3) these facts and any other relevant circumstances raise an inference that the state used its challenges to exclude members from the panel solely on account of their race. Batson v. Kentucky; State v. Goode; State v. Sandoval. In this case, there was no question that defendant is a Navajo Indian. However, there was a question raised about Ms. Clah's race. She was not asked about her race and the only indication that she is a Navajo Indian, other than her appearance, was found on her questionnaire, which stated that she was born and lived in Shiprock. We note the prosecution did not, however, contest the trial judge's statement that Ms. Clah appeared to be a Navajo Indian.
Even assuming Ms. Clah is a Navajo Indian, defendant failed to show that an inference was raised that the state was using its challenges to exclude Navajo Indians from the jury panel. Meeting the first two criteria alone does not establish a prima facie case. The facts and circumstances surrounding the use of the challenge must raise the inference that the prosecution used the peremptory challenge to exclude persons from the jury on account of race. See Batson v. Kentucky; United States v. Chalan, 812 F.2d 1302 (10th Cir. 1987), petition for cert. filed August 8, 1988; United States v. Ratcliff, 806 F.2d 1253 (5th Cir. 1986), cert. denied, 481 U.S.1004, 107 S. Ct. 1625, 95 L. Ed. 2d 199 (1987); People v. Staten, 746 P.2d 1362 (Colo. App. 1987); People v. Chevalier, 159 Ill. App. 3d 341, 111 Ill. Dec. 460, 512 N.E.2d 1001 (1987); State v. Cantu, 750 P.2d 591 (Utah 1988). Some of the circumstances which will raise an inference of racial discrimination are: (1) a showing by defendant that his racial group is substantially underrepresented on the jury; (2) the susceptibility of the case to racial discrimination as, for example, where defendant and the victim are of different races; and (3) a showing that the state's challenges have caused the jury to contain no members of defendant's race. State v. Goode.
In this case, defendant made no attempt to show that his racial group was substantially underrepresented on the jury. Likewise, this is not a case susceptible to racial discrimination as both defendant and the victim are Navajo Indians. See State v. Goode. There was no showing that the state's challenge caused the jury to contain no members of defendant's race. In fact,
the record shows that at least two Navajo In
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