Gilchrist v. State
| Decision Date | 01 September 1992 |
| Docket Number | No. 1594,1594 |
| Citation | 627 A.2d 44,97 Md.App. 55 |
| Parties | Gary GILCHRIST v. STATE of Maryland. , |
| Court | Court of Special Appeals of Maryland |
Nancy M. Cohen, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for appellant.
David R. Durfee, Jr., Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., and Stuart O. Simms, State's Atty. for Baltimore City, on the brief), Baltimore, for appellee.
Submitted before WILNER, C.J., BLOOM and JOHNSON, JJ., and G.R. HOVEY, Judge, Specially Assigned.
Opinion by BLOOM, Judge.
In this appeal we are asked to determine whether the trial court erred in striking the jury panel and beginning jury selection anew based on a finding that defense counsel had used peremptory strikes for a racially biased purpose. The facts of this case distinguish it from other instances of racial prejudice. We are convinced by the Supreme Court's decisions in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and Georgia v. McCollum, --- U.S. ----, 112 S.Ct. 2348, 120 L.Ed.2d 33 (1992), and this Court's decisions in Mejia v. State, 90 Md.App. 31, 599 A.2d 1207, vacated and remanded, 328 Md. 522, 616 A.2d 356 (1992), and Brashear v. State, 90 Md.App. 709, 603 A.2d 901, cert. denied, 327 Md. 523, 610 A.2d 796 (1992), to conclude that the trial court correctly dismissed the jury panel. Accordingly, we affirm the lower court.
The appellant, Gary Gilchrist, was charged with distribution of cocaine and possession of cocaine with intent to distribute. He was tried before a jury in the Circuit Court for Baltimore City, the Honorable Ellen M. Heller presiding, on August 3rd and 4th of 1992. Appellant was convicted of both charges and sentenced to concurrent terms of five years imprisonment. From this conviction he now appeals.
During the jury selection process, the prosecuting attorney, Ms. McNamara, expressed her concern that defense counsel was exercising the use of her peremptory strikes in a racially biased manner. The following colloquy occurred between the court and counsel:
MS. McNAMARA: For each one.
THE COURT: All right. That's seven jurors you've struck. They were all white. Let's go through them one by one and give me the reasons you struck them.
Juror number one?
MS. McNAMARA: Do you want me to address them as we go through them?
THE COURT: I appreciate it.
MS. McNAMARA: Your Honor, as to Juror Number One, there was no--she was one of many people who indicated that she was the victim of a crime. Also after questioning she indicated that could be fair and there was no request to strike her for cause at the time that we were at the bench initially.
THE COURT: Well, that's right. But what I do for cause is still different from what she does for peremptory. Although I wouldn't see it reason for cause.
I don't think even with the latest decision you need a cause. You just cannot have a racially discriminatory reason for striking someone.
MS. McNAMARA: I'm just putting my reasons on the record.
MS. McNAMARA: On the bottom of the first page.
Juror Number 137 was also struck by the defense. I don't have the number down of what that juror was in the box.
MS. McNAMARA: 137. He never got to the box.
MS. McNAMARA: She did not get to the box either.
MS. McNAMARA: Those were all that were in the box.
THE COURT: One--
MS. McNAMARA: Four in the box.
THE COURT: And the others were not in the box?
MS. McNAMARA: Correct.
THE COURT: Well, so let's go through--are you challenging those as well.
MS. McNAMARA: I'm not challenging--I believe there's a basis for striking 143. She was robbed at gunpoint.
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Gilchrist v. State
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