 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
North Carolina v. Robinson10/3/1991
fered explanations for each peremptory challenge. Given that the purpose of the prima facie case is to shift the burden of going forward to the State, there is no need for us to examine whether defendant met his initial burden. See United States v. Lane, 866 F.2d 103, 105 (4th Cir. 1989), United States v. Woods, 812 F.2d 1483, 1487 (4th Cir. 1987). We proceed, therefore, as if the prima facie case had been established.
In order to rebut a prima facie case of discrimination, the prosecution must "articulate legitimate reasons which are clear and reasonably specific and related to the particular case to be tried which give a neutral explanation for challenging jurors of the cognizable group." State v. Jackson, 322 N.C. 251, 254, 368 S.E.2d 838, 840 (1988), cert. denied, 490 U.S. 1110, 104 L. Ed. 2d 1027 (1989). These reasons "'need not rise to the level justifying exercise of a challenge for cause.'" State v. Porter, 326 N.C. 489, 498, 391 S.E.2d 144, 151 (1990) (quoting Batson v. Kentucky, 476 U.S. at 97, 90 L. Ed. 2d at 88). "So long as the motive does not appear to be racial discrimination, the prosecutor may exercise peremptory challenges on the basis of 'legitimate hunches and past experience.'" Id. at 498, 391 S.E.2d at 151 (quoting State v. Antwine, 743 S.W.2d 51, 64 (Mo. 1987) (en banc), cert. denied, 486 U.S. 1017, 100 L. Ed. 2d 217 (1988)). "Since the trial judge's findings . . . will turn on evaluation of credibility, a reviewing court ordinarily should give those findings great deference." Batson v. Kentucky, 476 U.S. at 98 n.21, 90 L. Ed. 2d at 89 n.21.
With these general guidelines in mind, we turn our attention to the State's reasons for peremptorily challenging each of the five black potential jurors.
J.B. was the first black prospective juror peremptorily challenged by the State. The district attorney gave the following reasons for challenging Ms. B.: that she did not pay attention during the court's instructions, and that she was a witness for her husband, who was convicted of manslaughter ten years ago in a case prosecuted by the Guilford County District Attorney's office. Because of this prior experience with the criminal justice system, the district attorney argued that Ms. B. would not be a fair and impartial juror.
The second black prospective juror peremptorily challenged was J.R. The district attorney gave the following reasons for rejecting Mr. R.: that he had been convicted of misdemeanor larceny in 1979 in Guilford County; that he was also convicted of larceny and a worthless check charge in 1980, but had failed to mention these convictions on his jury questionnaire; that he failed to comply with court orders on three separate occasions; that he fathered an illegitimate child, which the State argued exhibits some degree of irresponsibility toward the law; that he was a witness for a defendant in a trespass case; and that while the State was seeking a juror who had given some thought to capital punishment, Mr. R. stated that he had no personal feelings on the death penalty. After reciting his objections, the district attorney told the trial court that he did not believe Mr. R. would be "disposed to be a fair and impartial juror toward the State of North Carolina in this particular case."
Prospective juror E.N. was the third black juror peremptorily challenged by the State. The district attorney gave the following reasons for rejecting Mr. N.: that he was very active in his church as a trustee, president and chairman of various groups within the church, and that in
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 North Carolina DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|