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COA splits on reversing convictions for Batson violation

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A divided Indiana Court of Appeals reversed a defendant’s convictions, including attempted battery with a deadly weapon, finding the state’s explanations for striking the only African-American from the jury were pretextual and purposeful discrimination.

In Jerrme Cartwright v. State of Indiana, No. 82A01-1005-CR-214, Jerrme Cartwright appealed his convictions of two counts of attempted battery with a deadly weapon as Class C felonies, two counts of attempted aggravated battery as Class B felonies, one count of possession of a handgun by a serious violent felon as a Class B felony, and his 26-year aggregate sentence.

The charges stem from a fight at an American Legion in Evansville involving Cartwright. Tiffany Boyd, her husband, Jamar Boyd, Michael Lockridge, Marcus Lockridge, Shaudarekkia Beattie, and her sister, Linda Beattie left after the altercation in which Jamar was injured. They all went to Linda’s home because it was nearby. While they were outside of the home, a crowd began to form. They saw Jerrme Cartwright walking toward them with a gun and he started shooting at the crowd and in the air. Police arrived; Cartwright fled and was later arrested.

In his appeal, Cartwright challenges the removal of the only African-American from the jury. The appellate court found he made a prima facie showing under Batson v. Kentucky, 476 U.S. 79 (1986), that the peremptory challenge was exercised on the basis of race. The prosecutor offered several race-neutral explanations for removing the juror, including health reasons and his admittance to not being a good listener. Judges James Kirsch and Paul Mathias decided to reverse Cartwright’s convictions because based on the record, they couldn’t determine which one of the state’s proffered explanations the trial court relied on to deny the Batson challenge.

“The State failed to inquire into such reasons or to develop anything beyond the most superficial of records regarding its reasons. We conclude that the State’s proffered explanations for striking the only African-American juror from the jury panel were pretextual and the result of purposeful discrimination,” wrote Judge Kirsch.  

Judge Nancy Vaidik dissented, believing the appellate court should give more deference to the trial court’s decision because the state of mind of a juror, evaluation of demeanor, and credibility lies within a trial court’s province.

She wrote that the state’s justifications for striking the African-American juror were all supported by the record and that several other jurors were also stricken for similar reasons.

The majority ordered Cartwright be retried on the charges, including the attempted battery with a deadly weapon charges, which he claimed there was insufficient evidence to support.

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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