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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. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

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