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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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  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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