ILNews

Justices address Batson challenges in 2 appeals

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court ruled on two cases Wednesday that stemmed from Batson challenges, and in doing so, articulated the standard of review of such challenges when a defendant raises a Batson challenge at the trial level, but then brings up a different argument on appeal.

In Joey Addison v. State of Indiana, No. 49S05-1105-CR-267, Joey Addison appealed the removal of one of the only three African-American venirepersons at his trial for murder. Addison – an African-American - intended to use the insanity defense. During voir dire, the court removed venireperson Turner – an African-American – because the state argued Turner said he would only rely on the doctors’ testimony regarding Addison’s sanity when deciding the case. Addison did not object to the removal of the other two African-Americans from the jury panel because the state gave race-neutral reasons for their removal.

The justices had a novel issue to address on appeal – how should an appellate court treat a defendant’s appellate claim when the defendant offered no substantive argument to the trial court as to why the state’s proffered reason for striking a black panelist is pretextual? Addison had made a Batson challenge regarding Turner, but he did not argue to the trial court that other nonblack jurors offered similar testimony as Turner but were not removed. He made that argument for the first time on appeal.

Turning to other jurisdictions for guidance, the justices decided that such claims could be addressed on appeal under Indiana’s fundamental error doctrine. Using that doctrine, the Supreme Court found that the state mischaracterized Turner’s statements that he would only rely on what the doctors said regarding Addison’s sanity, and that several other jurors made similar statements to Turner.

“This mischaracterization of Turner’s voir dire testimony is troubling and undermines the State’s proffered race-neutral reason for the strike,” Justice Robert Rucker wrote. The justices were left with the firm impression that the state’s proffered explanation for striking Turner was a mere pretext based on race, making a fair trial impossible. They ordered Addison be retried.

The justices also ruled on a Batson challenge in Jerrme Cartwright v. State of Indiana, No. 82S01-1109-CR-564, in which Jerrme Cartwright – an African-American who was on trial for attempted battery and unlawful possession of a firearm – argued that the state failed to meet its burden to show that its strike of venireperson Bard was not motivated by discriminatory purpose. Bard was the only African-American venireperson. The state struck Bard because he said at voir dire examination that he didn’t want to serve on the jury, that he took a diuretic that caused him to frequently use the restroom, and that he’s not a good listener. He also answered yes to the question of whether he or an immediate family member had been charged with or convicted of a crime.

The justices found the prosecutor didn’t run afoul of Batson for striking Bard based on these statements, and the record showed that nonblack venirepersons with problems like Bard’s were also dismissed from the jury. The Supreme Court affirmed Cartwright’s convictions.


 

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. 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

ADVERTISEMENT