Braxton v. Gansheimer
| Decision Date | 02 April 2009 |
| Docket Number | No. 07-3387.,07-3387. |
| Citation | 561 F.3d 453 |
| Parties | Anthony BRAXTON, Petitioner-Appellee, v. Richard GANSHEIMER, Warden, Respondent-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
ARGUED: Michael Scott Criss, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Chad A. Readler, Jones Day, Columbus, Ohio, for Appellee. ON BRIEF: Michael Scott Criss, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Chad A. Readler, Jones Day, Columbus, Ohio, for Appellee. Anthony Braxton, Cleveland, Ohio, pro se.
Before: BOGGS, Chief Judge; GIBBONS and GRIFFIN, Circuit Judges.
Respondent Richard Gansheimer, Warden, appeals the order of the district court granting petitioner Anthony Braxton, an Ohio state prisoner, a conditional writ of habeas corpus pursuant to 28 U.S.C. § 2254, on the basis of Braxton's claim that the prosecution's exercise of a peremptory challenge during jury selection at his state court trial was racially discriminatory in violation of the Equal Protection Clause and Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). In granting the writ, the district court held that the Ohio courts' decisions denying Braxton's Batson challenge was an unreasonable application of clearly established federal law and was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding, entitling Braxton to relief under 28 U.S.C. § 2254(d)(1) and (2). For the reasons stated below, we reverse the judgment of the district court and remand the case with instructions to dismiss Braxton's habeas petition.
On November 19, 2001, Anthony Braxton was convicted by a jury in the Court of Common Pleas, Cuyahoga County, Ohio, on one count of felonious assault upon a police officer in violation of OHIO REV.CODE ANN. § 2903.11; one count of failure to comply with an order or signal of a police officer, contrary to OHIO REV.CODE ANN. § 2921.331; and one count of receiving stolen property in violation of OHIO REV. CODE ANN. § 2913.51. Braxton and the victim, a police officer whom he allegedly assaulted, are both African-American males.
During voir dire, defense counsel objected unsuccessfully to the prosecution's use of two of its four peremptory challenges to remove two African-American jurors from the panel. Three of the twenty-member prospective panel were African Americans. The prosecutor used his first peremptory challenge to excuse Juror No. 8, a retired African-American female who had worked for the public defender's office for fifteen years. The prosecutor also excused Juror No. 14, an African-American male, after questioning him about his seeming inattentiveness and demeanor:
When the prosecutor exercised his peremptory challenges to excuse Juror No. 8 and Juror No. 14, defense counsel objected and moved for a mistrial, maintaining that the prosecutor's challenges regarding these two jurors violated the Equal Protection Clause and Batson, which preclude peremptory challenges on the basis of race. At the ensuing bench conference, defense counsel asserted that the prosecution had "shown a pattern" by challenging both African-American jurors and "remov[ing] 100 percent of potential black jury panel members." Defense counsel argued that, as a result, "only one other [African-American juror] remain[ed] at the end of the line and we are not likely to even reach her."
The trial court then asked the prosecutor to elaborate on his reasons for excusing the two jurors. The prosecutor explained that he excused Juror No. 8 because she worked for the public defender's office for fifteen years and her employment there "worried" the State; thus, the prosecutor believed she would be better suited for a civil-action jury panel. The prosecutor perceived Juror No. 14 as being disinterested in serving on the jury:
With regards to [Juror No. 14], he sat there the entire time with his arms crossed and his head bent over, and his hand — he showed no interest in being in here. I specifically questioned him about his body language, and he even said he didn't want to be here. So, I am not going to have someone sit on a jury that for the last two hours didn't listen to anything, had no intention of actually paying attention and then even when I asked him, he said he didn't want to be here. It's got nothing to do with race.
With regards to [the third African-American prospective juror], who is juror number 20, there is a potential if she gets on this panel and I can tell you right now we have no problem with her as well, the lone black juror.
We also want to note our objection for the record because we know that's why we objected before. We knew he [defense counsel] was planning on getting rid of four white people as well. There is a reverse Batson. There's case law on that, and that's why we noted our continuing objection as well. And I suspect that's why he actually put it on initially because he knew both African American jurors were not suitable for this jury regardless of the race. One was a public defender. One hadn't paid attention at all. He knew we were kicking them off, and I specifically asked the guy about it.
Defense counsel objected to the prosecutor's explanation, and the following colloquy occurred between counsel and the court:
[DEFENSE COUNSEL]: Judge, as it relates to [Juror No. 8], she was retired I think she said nine years ago from the Public Defender's Office. And she had also worked for Legal Aid. Now, working for Legal Aide [sic] or the Public Defender's Office for nine years after you terminate your employment, then that is most extraordinary.
I also point out as it relates to Mr. Smoot [Juror No. 14], right now as we sit here, juror number 14 is seated in the jury, he's turned around, his arms are folded, right at the moment his head is down. Your Honor, that does not disqualify him.
The trial proceeded with a jury panel composed of all white jurors. The remaining African-American juror — Juror No. 20 — was seated as an alternate. The jury found Braxton guilty as charged on all counts, and the court later imposed a sentence of six years of imprisonment.
In his direct appeal, Braxton raised six claims, including his assertion that the prosecution's peremptory challenges of Jurors Nos. 8 and 14 violated Batson. See State v. Braxton, No. 80663, 2002 WL 31123906 (Ohio Ct.App., Sept. 26, 2002). The Ohio Court of Appeals affirmed Braxton's convictions, finding all of his assignments of error to be without merit. Id. With regard to the Batson claim, the court, after accurately reciting the governing legal principles, found no purposeful discrimination under the circumstances:
In the instant case, the defense sought a mistrial based on the fact that the State removed two black jurors. When pressed for an explanation as to the grounds for the peremptory challenge, the State explained that one of the jurors worked at the public defender's office for 15 years. According to the State, the second juror indicated by his body language during voir dire "arms crossed and head bent over" that he did not desire to sit on the case. The prosecutor concluded that such an individual would not be attentive.
* * *
In the case at bar, the trial court, after appropriate inquiry, rejected the notion that the prosecutor's challenge rested on perceived stereotypical assumptions or the intention of excluding African-American jurors. Nothing in the prosecutor's explanation showed that he chose to exclude jurors on the basis of race.
Id. at *3. Affording substantial deference to the trial judge's assessment of credibility and demeanor, the court of appeals concluded that "Braxton failed to make a prima facie case of purposeful discrimination, the prosecutor provided a bona fide race-neutral explanation for the challenge, and the court's determination was not clearly erroneous." Id.
Upon further appeal and reiteration of his Batson claim, the Supreme Court of Ohio issued an...
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