State v. Golphin8/25/2000
5 (quoting Hernandez, 500 U.S. at 360, 114 L. Ed. 2d at 406); see also Purkett v. Elem, 514 U.S. 765, 768-69, 131 L. Ed. 2d 834, 839-40 (1995); State v. Barnes, 345 N.C. 184, 209-10, 481 S.E.2d 44, 57, cert. denied, 522 U.S. 876, 139 L. Ed. 2d 134 (1997), and cert. denied, 523 U.S. 1024, 140 L. Ed. 2d 473 (1998). In addition, the second prong provides the defendant an opportunity for surrebuttal to show the State's explanations for the challenge are merely pretextual. See State v. Gaines, 345 N.C. 647, 668, 483 S.E.2d 396, 408, cert. denied, 522 U.S. 900, 139 L. Ed. 2d 177 (1997); State v. Robinson, 330 N.C. 1, 16, 409 S.E.2d 288, 296 (1991).
When the trial court explicitly rules that a defendant failed to make out a prima facie case, review by this Court is limited to whether the trial court's finding was error. See State v. Fletcher, 348 N.C. 292, 320, 500 S.E.2d 668, 684-85 (1998), cert. denied, 525 U.S. 1180, 143 L. Ed. 2d 113 (1999). However, when the trial court does not explicitly rule on whether the defendant made a prima facie case, and where the State proceeds to the second prong of Batson by articulating its explanation for the challenge, the question of whether the defendant established a prima facie case becomes moot. See State v. Williams, 343 N.C. 345, 359, 471 S.E.2d 379, 386 (1996), cert. denied, 519 U.S. 1061, 136 L. Ed. 2d 618 (1997); State v. Lyons, 343 N.C. 1, 11-12, 468 S.E.2d 204, 208, cert. denied, 519 U.S. 894, 136 L. Ed. 2d 167 (1996).
In the third prong of Batson, "the trial court must determine whether the defendant has satisfied his burden of proving purposeful discrimination." Bonnett, 348 N.C. at 433, 502 S.E.2d at 575 (citing Hernandez, 500 U.S. at 359, 114 L. Ed. 2d at 405). In determining the presence or absence of intentional discrimination, this Court will consider various factors including the "susceptibility of the particular case to racial discrimination, whether the State used all of its peremptory challenges, the race of witnesses in the case, questions and statements by the prosecutor during jury selection which tend to support or refute an inference of discrimination, and whether the State has accepted any African-American jurors." White, 349 N.C. at 548-49, 508 S.E.2d at 262. A trial court's rulings regarding race neutrality and purposeful discrimination are largely based on evaluations of credibility and should be given great deference. See Batson, 476 U.S. at 98 n.21, 90 L. Ed. 2d at 89 n.21; Bonnett, 348 N.C. at 433, 502 S.E.2d at 575. We will uphold the trial court's determination unless we are convinced it is clearly erroneous. See State v. Kandies, 342 N.C. 419, 434-35, 467 S.E.2d 67, 75, cert. denied, 519 U.S. 894, 136 L. Ed. 2d 167 (1996).
In the instant case, the State peremptorily challenged Holder. Tilmon's counsel contended the challenge was not race-neutral, stating it was impermissible pursuant to Batson because Holder appeared to be African-American, she gave no inappropriate responses, she had no prior criminal record, she was gainfully employed, and there were no criminals in her family. Kevin's counsel also noted that Holder appeared to be African-American and that Batson was controlling unless the State could provide race-neutral reasons for the challenge.
Without ruling, the trial court stated it would hear from the State. The following dialogue took place:
[PROSECUTOR]: Judge, our first contention would be that that doesn't rise to the level of prima facie showing. However, if the state -- if the Court would allow me to and thinks it's appropriate at this time, I would be glad if the Court sees fit to state my reasons for excusing that juror.
THE COURT: If you will proceed.
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