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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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