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State v. Gaines4/11/1997
the State's explanations are merely a pretext. State v. Robinson, 330 N.C. 1, 16, 409 S.E.2d 288, 296 (1991). "Finally, the trial court must determine whether the defendant has carried his burden of proving purposeful discrimination." Hernandez, 500 U.S. at 359, 114 L. Ed. 2d at 405.
In the instant case the State set forth reasons for the challenges of six of the seven venire members at issue. Therefore, as to these six venire members, the sole issue before this Court is the trial court's finding of fact on the question of intentional discrimination. See Williams, 339 N.C. at 17, 452 S.E.2d at 255.
As to Mr. Lineberger, the prosecutor stated he excused this prospective juror on the ground that Lineberger had sons roughly the same age as the defendants. Furthermore, when the prosecutor asked Lineberger whether this fact would have any effect on his ability to render a fair verdict, Lineberger initially did not answer and then said that he did not think so. When asked the question again, Lineberger said he did not believe it would have an effect.
As to Ms. O'Rear, the prosecutor stated that he excused this prospective juror on the grounds that she had lived in the area where the events at issue occurred; that she had studied the elements of crime as well as the penal system, parole, and probation; and "that she might take in her own ideas about . . . those matters other than what the Court would instruct her." The prosecutor further stated that O'Rear had young children and that she might compare her children with the defendants.
As to Ms. Houston , the prosecutor stated that he excused this prospective juror based on the fact that her son, who had an unstable work record, lived with her; and the prosecutor believed Houston might identify the defendants with her son. The prosecutor also stated that Houston seemed to have trouble understanding some of the questions, that she was very soft-spoken, and that she had filled out only six items on the jury questionnaire. Finally, the prosecutor stated that he believed Houston would have difficulty understanding the complex legal issues in the case.
As to Mr. Alexander, the prosecutor stated that he excused this prospective juror on the grounds that Alexander had been arrested for driving while impaired and had an unstable work history.
As to Ms. Marshall, the prosecutor stated that he excused this prospective juror based on the fact that her cousin had been charged with rape, her cousin's age was close to that of defendants, she stated she had been wrongly charged by the police, and she worked with retarded children and would be sympathetic to defendants. The defense sought to show that the reasons stated were a pretext.
As to Mr. Watkins, the prosecutor stated that he excused this prospective juror based on the fact that Watkins indicated he had had a bad experience with a police officer concerning a mistaken identity.
We find no error in the ruling by the trial court on the peremptory challenge of these jurors. The State articulated its reasons for the challenges, and the court found that the reasons articulated by the State were racially neutral and did not show any purposeful discrimination. With the exception of Ms. Marshall, neither defendant proffered any evidence to show that the reasons offered by the prosecutor were merely a pretext. See State v. Porter, 326 N.C. 489, 501, 391 S.E.2d 144, 152 (1990) (defense counsel was apparently satisfied by the explanations offered by the State because no effort was made by the defense to demonstrate that the explanations were merely a pretext). Furthermore, "unless a discriminatory intent is inherent in the prosecutor's expla
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