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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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