ILNews

Circuit judges order court to take another look at Batson challenge

Back to TopCommentsE-mailPrintBookmark and Share

Based on the record before them, the 7th Circuit Court of Appeals judges were unable to make an informed decision about the District Court’s decision to deny a defendant’s Batson challenge, so the judges sent the case back to the lower court.

In United States of America v. Anthony Rutledge, No.10-2734, Anthony Rutledge appealed the denial of his Batson challenge relating to the removal of the only two African-Americans from the jury pool. The prosecutor moved to strike Mr. Powell based on his response to a question that mentioned he thought that his views might be overruled if on the jury, that the others will think he was taking Rutledge’s side because they were both the same race. The prosecutor moved to strike Ms. Martin because she appeared agitated and frustrated during voir dire. Both potential jurors said there was no reason they couldn’t be a fair and impartial juror.

The District Court accepted the prosecutor’s reasons, which were not based on race, for striking the two but didn’t say why it was accepting the strike of Ms. Martin. Rutledge was convicted at trial, although the opinion does not state what he was charged with.

The third step of a Batson challenge is at issue here – the trial court deciding whether the opponent of the strike has proved purposeful discrimination. The 7th Circuit concluded that a remand is necessary for the District Court to make explicit findings for both jurors, citing United States v. McMath, 559 F.3d 657, 666 (7th Circ. 2009), and United States v. Taylor, 509 F.3d 839, 845 (7th Cir. 2007).

In regards to Martin, the trial court never credited the demeanor-based reason for the prosecutor’s peremptory strike, yet just repeated that the demeanor-based justification was a “nonracial-related reason,” wrote Judge Diane Wood. The District judge never evaluated whether her demeanor can credibly be said to have exhibited the basis for the strike attributed by the prosecutor.

In regards to Powell, the court’s statement that the prosecutor’s reason for striking him was “nonracially-related” did not do the job, continued the judge.

The federal appellate court also addressed a “potential worrisome element” in the resolution of the Powell strike – that the prosecutor in the case stated she is African-American as though to possibly convince the judge that her race-neutral explanations were credible.

“The abbreviated exchange on the record is troubling, though, because it can be read as a request by the government for the judge to assume that simply because the prosecutor is herself African-American, she would not engage in prohibited discrimination,” she wrote. “While a judge may consider a variety of factors in making a credibility determination, it would be wrong for a judge to assume that a prosecutor of the same race as a juror would not engage in discrimination against that juror simply because of their shared race.”

On remand, the District Court must make findings on the issue mentioned in the opinion and if the passage of time prevents the District Court from making such findings, or if it finds the prosecutor’s reasons aren’t credible, then it must vacate Rutledge’s conviction.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

ADVERTISEMENT