COA splits on reversing convictions for Batson violation

Back to TopCommentsE-mailPrintBookmark and Share

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.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues