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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT