Judges reverse convictions due to Batson challenge error

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A Marion County trial court erred when it overruled a man’s Batson challenge contesting the state’s use of a peremptory challenge to strike an African-American juror, the Indiana Court of Appeals held Wednesday. The appeals court overturned Tyrece Robertson’s convictions and ordered a new trial.

Robertson was charged with Class D felony attempted residential entry and Class B misdemeanor criminal mischief after allegedly trying to break into an apartment. During jury selection at his trial, the state used peremptory strikes to remove several potential jurors from the venier, including juror Lisenbee, who is African-American. Robertson raised a Batson challenge, which was overruled. Robertson was found guilty as charged.

“Both parties acknowledge that, in this case, neither Robertson nor the State had an opportunity to conduct voir dire of the other African-American member of the venire. Because the trial court did not move to the second step in the Batson analysis — requiring the State to present a facially race-neutral reason for using a peremptory strike — the court did not conclude that Robertson had established a prima facie case of discrimination,” Judge L. Mark Bailey wrote in Tyrece Robertson v. State of Indiana, 49A05-1310-CR-487. “Yet, as Robertson points out, the only African-American juror that was subject to voir dire — Venireperson Lisenbee — was stricken from the jury. Thus, for all intents and purposes, the State used its peremptory challenges to strike the only African-American member of the venire.”

As such, Robertson’s rights under the 14th Amendment to the U.S. Constitution were violated, the judges ruled, so he should be retried.



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  1. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

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  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

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