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Tanner v. State5/4/2000
prosecution's use of its peremptory strikes to remove black venire members. Powers v. Ohio, 499 U.S. 400, 408, 111 S.Ct. 1364, 1369, 113 L. Ed. 2d 411 (1991). Consequently, the defendant does not have to show that he is a member of a cognizable racial group to establish a prima facie case of discrimination. Davis v. State, 660 So. 2d 1228, 1240 (Miss. 1995). A white defendant must only show that the prosecutor has used peremptory challenges on a person of race and that the circumstances give rise to the inference that the prosecutor used the peremptory challenges in order to strike minorities. Bush v. State, 585 So. 2d 1262, 1268 (Miss. 1991).
. Once the defendant sets forth a prima facie case, "the burden shifts to the State to come forward with a race-neutral explanation for challenging the jurors." Mack v. State, 650 So. 2d 1289, 1296 (Miss. 1994). The trial court must then determine whether the objecting party has met its burden of proving there has been purposeful discrimination in the exercise of the peremptory challenge. Walters v. State, 720 So. 2d 856, 865 (Miss. 1998).
. Finally, great deference is given the trial court when determining whether the offered explanation under the unique circumstances of a case is truly a race-neutral reason. Id. Accordingly, "we will not reverse a trial judge's factual findings on this issue unless they appear clearly erroneous or against the overwhelming weight of the evidence." Stewart v. State, 662 So. 2d 552, 558 (Miss. 1995).
. Tanner is a white male. Tanner asserts the trial court erred by not finding a Batson violation during voir dire. Tanner specifically alleges the State "set a clear pattern of striking minorities from the jury" since 11 of its 12 peremptory challenges excluded black veniremen. After the defense asserted this challenge, the court called upon the State to provide racially neutral reasons for the strikes. This Court now addresses these African-American strikes.
A.
Dorothy Clark...there are two bases for her being stricken. One of them is the fact that her son at this moment is charged as a defendant in a drug prosecution; and secondly based on the answers that she gave with respect to the death penalty questions.
. Clark stated during voir dire that she is not opposed to the death penalty and that the State is sometimes justified in taking another person's life. Consequently, Clark is neither for nor against the death penalty, and as such, can not be disqualified on that basis. However, Clark's son was charged, at the time, as being a defendant in a drug prosecution. "Striking a juror because of the conviction or charge of a family member is a valid, race-neutral reason to exercise a peremptory strike." Magee v. State, 720 So. 2d 186, 189 (Miss. 1998). Therefore, Tanner's argument that Clark was excluded based on race is without merit.
B.
Kelly Stewart...she says she was the victim of an attempted rape and that she was a victim of some other crime, and that the cases are pending now. ...she stated general opposition to the death penalty unless the killing was planned, intentional, or so heinous that the accused poses a threat to the entire human race.
. "Unless a discriminatory intent is inherent in the prosecutor's explanation, the reason offered will be deemed race neutral." Purkett v. Elem, 514 U.S. 765, 768 115 S. Ct. 1769, 131 L. Ed. 2d 834 (1995)(quoting Hernandez v. New York, 500 U.S. 352, 360, 111 S. Ct. 1859, 1866, 114 L. Ed. 2d 395 (1991)(plurality opinion)). It can hardly be said that striking a juror who has been the victim of a crime or attempted crime is racially motivated. Consequently, Tanner's argument that St
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