 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Deverney4/15/1999
that this "obvious omission clearly pointed to as the fourth companion." The error complained of, if any, was harmless because in DeVerney's own statement to police, and again in his testimony at trial, he admitted that he was present during the assault, kidnapping, and murder of Antonich.
DeVerney argues that the courtroom style of his lawyer and counsel for Greenleaf antagonized the Judge and alienated the jury. We have examined these allegations in the context of the trial and found them to be insignificant. Any prejudice to appellant is purely speculative and did not deprive him of a fair trial. Similarly, the behavior of Greenleaf during the trial was not such that it deprived DeVerney of a fair trial. We conclude, after a careful review of the record, that DeVerney did not suffer substantial prejudice as a result of the joinder.
II.
DeVerney next contends that the state improperly used its peremptory challenges to strike the only two Native Americans from the jury pool. The use of peremptory challenges to exclude persons from the jury solely on the basis of race is prohibited by the Equal Protection Clause of the United States Constitution. See Batson v. Kentucky, 476 U.S. 79, 89 (1986). The Supreme Court in Batson set out a three-step process to determine whether a peremptory challenge was motivated by a racially discriminatory intent. See id. A trial court's determination to sustain a peremptory challenge will not be reversed absent clear proof that the prosecution's stated reason for making the peremptory challenge was pretextual. See State v. Moore, 438 N.W.2d 101, 107 (Minn. 1989).
First, the defendant must make a prima facie showing that the challenge was exercised on the basis of race. See Batson, 476 U.S. at 96. We have stated that " prima facie case of racial discrimination is established by showing that one or more members of a racial group have been peremptorily excluded from the jury and that circumstances of the case raise an inference that the exclusion was based on race." State v. Stewart, 514 N.W.2d 559, 563 (Minn. 1994). In this case, because DeVerney is a Native American and both Native American jurors were struck, a prima facie case was established.
Second, after establishing a prima facie showing, the burden shifts to the prosecution to articulate a race-neutral reason for the challenge. See Batson, 476 U.S. at 97. We have stated that the explanation provided by the prosecutor does not have to be "valid" in the sense of establishing a reasonable basis for challenge, but must instead be race-neutral. See State v. McRae, 494 N.W.2d 252, 254 (Minn. 1992). The Supreme Court does not require a "persuasive, or even plausible" explanation. See Purkett v. Elem, 514 U.S. 765, 767-68 (1995). "At this step of the inquiry, the issue is the facial validity of the prosecutor's explanation. Unless a discriminatory intent was inherent in the prosecutor's explanation, the reason offered will be deemed race neutral." Hernandez v. New York, 500 U.S. 352, 358-59 (1991).
Here, the prosecutor gave twelve reasons why he struck one of the jurors, and six reasons why he struck the other. As to the first Native American struck, those race-neutral reasons included the juror's negative feelings toward government and law enforcement in particular, her sympathy for a brother in prison for criminal sexual misconduct, her feud with a sister employed as an attorney by the state, her admission that she held views that were "different," and her view that numerous assaults against her family members were "not serious," even though bones had been broken. As to the second Native American struck, the prosecutor's race-neutral reasons included the juro
Page 1 2 3 4 5 6 7 8 9 Minnesota DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|