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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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