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Tanner v. State5/4/2000
that general indifference to the voir dire process is a legitimate race neutral reason for a peremptory challenge. Bounds v. State, 688 So. 2d 1362, 1368 (Miss. 1997). What is meant by a "legitimate reason" is not a reason that makes sense, but a reason that does not deny equal protection. Purkett, 514 U.S. at 769. Consequently, this Court finds Tanner's argument that Brown was excluded solely on the basis of race to be without merit.
H.
Lula Hurst...her brother has a DUI and received some punishment for it. I was concerned about her nephew too is on the Hinds County farm. I was also concerned about how serious she takes jury service. Since in a response to a question about her attitude toward gambling she said quote, I'm trying to get to the boat myself right now.
. Tanner incorrectly contends the State failed to give a reason for Hurst's dismissal. Although the State failed to state her name at the beginning of its reasons noted above, the record clearly indicates that Hurst was the juror being struck.
. As stated previously, "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, 720 So. 2d at 189. Furthermore, inattentiveness is a valid racially neutral reason for striking a juror. Bounds, 688 So. 2d at 1367-68. Consequently, valid, race-neutral reasons were provided for Hurst's dismissal, and Tanner's argument is without merit.
I.
Janifer Stevens...her brother was convicted, I believe it was last year, on federal drug charges. He is now in the Madison County jail serving time on that. And in addition, in response to one of the death penalty questions she said that she didn't really think that the death penalty served any purpose inasmuch as it would not bring back the victim. And she said she may be able to consider it only if it was some member of her family.
. "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, 720 So. 2d at 189. Furthermore, Tanner points out in his brief that Stevens's mother works for Tommy Mayfield, one of the prosecutors in this case. Therefore, Tanner's argument that Stevens was excluded based on race is without merit.
J.
Bryan Austin...only white male ...we're not required to give an answer on him.
. Tanner, in his brief, states that there is no dispute Austin was most likely dismissed because his father was a well known criminal defense attorney.
. Additionally, Tanner asserts that two additional African-American jurors, Kasenda Lampkin and Kimberly Cain, were struck without explanations for their dismissals. The prosecution used eleven of its twelve peremptory challenges to strike African American jurors. Although the trial judge was not sure that Tanner made a prima facie showing of purposeful discrimination, that is of no significance here, since federal decisions make it clear that once a prosecutor comes forward with reasons for his peremptory strikes the defendant's prima facie showing is no longer at issue. Hernandez v. New York, 500 U.S. 352, 111 S.Ct. 1859, 114 L.Ed.2d 395, 405 (1991). Once the defendant makes a prima facie showing, the prosecution must rebut this showing by giving race neutral reasons for excluding the jurors. Henley v. State, 729 So.2d 232, 239 (Miss. 1998). The defendant is then given an opportunity to rebut those reasons. Gayle v. State, 743 So.2d 392, 401 (Miss. Ct. App. 1999)(citing Taylor v. State, 524 So.2d 565, 566 (Miss. 1988)). Apparently, the prosecutors simply overlooked Lampkin and Cain, the other two jurors stri
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