Justices address Batson challenges in 2 appeals

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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.



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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. 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.

  5. (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.