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COA rejects arguments Batson should extend to juror age

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A trial court did not err in overruling a defendant’s Batson objection to the removal of two African-Americans from the jury during his trial for drug charges, the Court of Appeals held Tuesday.

Willie Bigsbee challenged his two convictions of Class A felony dealing in cocaine, claiming the court should have granted his Batson challenge and that the evidence didn’t support his convictions.

Bigsbee was arrested and charged with three counts of Class A felony dealing in cocaine following his sale of drugs to a confidential informant. The jury couldn’t reach a verdict on the first count, which addressed Bigsbee’s interaction with the informant in December 2010.

The state struck an African-American man and an African-American woman – two of four African-Americans - from the venire panel. The state struck the man from the panel because he seemed confused and to be asleep at one point; it struck the woman from the panel because she was 18 years old and did not think there was a drug problem in the area. The state noted it had also struck two Caucasian members of the panel due to their relatively young ages.

The trial court overruled Bigsbee’s Batson objection, which the COA upheld. He claimed Batson should be used to bar parties from using preemptory strikes to remove potential jurors on the basis of age, but the appellate court quickly dismissed his claim. They cited Price v. State, 725 N.E. 2d 82, 87 (Ind. 2000), which held challenging a juror due to his or her young age does not violate the Equal Protection Clause of the United States Constitution, and “we are not free to disregard our Supreme Court’s precedent,” Senior Judge Betty Barteau wrote in Willie Bigsbee v. State of Indiana, 34A02-1201-CR-60.

There was also sufficient evidence to establish that Bigsbee sold cocaine to the confidential informant on two occasions.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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