Harrell v. State
Decision Date | 09 November 1989 |
Citation | 555 So.2d 263 |
Parties | Ex parte State of Alabama. (Re Joe Louis HARRELL v. STATE of Alabama). 88-1226. |
Court | Alabama Supreme Court |
Don Siegelman, Atty. Gen., and Joseph G.L. Marston III, Asst. Atty. Gen., for petitioner.
Paul D. Brown, Mobile, for respondent.
The defendant, Joe Louis Harrell, was convicted of possession of cocaine and other offenses in Mobile Circuit Court. He challenges that conviction, based upon the rule of law stated in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).
Harrell was allegedly seen at a Mobile area "skin house" (local slang for a gambling establishment) by two Mobile police officers who had entered the premises without a search warrant. The officers forced the occupants of the premises to stand along a wall while they searched for contraband. Several persons were in the house at this time, and there was money lying out in plain view on a table. According to the officers, that money was being used in a card game when they walked in. Although no arrests were made at this time, the officers alleged that Harrell was seen reaching under a table as if to retrieve something hidden there.
The officers left the "skin house" without incident but stayed close by. One officer began to circle the block on which the skin house was located. A short time later, Harrell was seen standing near a car on the street. As the officer approached in his patrol car, Harrell allegedly "hollered something" and then jumped into the car and attempted to speed away from the scene. The officer gave chase; he testified that he saw Harrell throw several articles out of the car during the chase. The officer further stated that he stopped and picked up these articles and then proceeded with the chase. The car was stopped some blocks later. Harrell had exited the car but was apprehended on foot a short distance away by another police officer.
The packages Harrell allegedly threw out of the car contained cocaine powder, crack cocaine, and marijuana. He was indicted on charges of possession of cocaine under Code 1975, § 13A-12-212(a) 1, and possession of marijuana under Code 1975, § 13A-12-213(a) 1. On June 8, 1988, the case came up for jury selection and trial.
Jury selection was not made a part of the recorded transcript of the proceedings. Harrell's defense counsel objected to the composition of the jury as empaneled, on the basis of Batson v. Kentucky, supra. Defense counsel's objection was apparently overruled at a sidebar conference held off the record. The trial judge said that the Batson objection would be taken up at the next recess, but there was no further inquiry at that point. The jury was then sworn, and the trial commenced.
The record shows that at the next recess, the following exchange took place:
As the record indicates, the trial judge took no part in the exchange between defense counsel and the prosecutor regarding the Batson issue. We can only conclude that the trial judge found that the defendant had failed to prove the prima facie case under Batson at the previous sidebar conference. There has been a great amount of confusion over the interpretation to be given to Batson, despite our attempt in Ex parte Branch, 526 So.2d 609 (Ala.1987), to avert such confusion. We take this opportunity to clarify the Batson analysis.
Batson was intended to alleviate the harsh burden placed on criminal defendants by the decision in Swain v. Alabama, 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759 (1965), and its requirement of showing "systematic exclusion." The Batson analysis would allow the court to scrutinize the jury selection process where discrimination is shown in a single case. By contrast, Swain presented nearly an "insurmountable" burden to the defendant because it required proof of a pattern of discrimination involving several cases. See, Developments--Race And The Criminal Process, 101 Harv.L.Rev. 1472 (1988).
Batson requires the presence of three elements to establish a prima facie case of racial discrimination in the selection of a petit jury. The defendant must first prove that he is a member of a cognizable minority and that peremptory challenges were used to remove members of his race from the jury. Second, the defendant is entitled to rely on the fact that a peremptory challenge will allow a prosecutor to make discriminatory choices in jury selection if he chooses to do so. Finally, the defendant must prove from these and any other relevant facts that he may be aware of that an inference of discrimination may be drawn from the prosecutor's conduct. The first two legs of this analysis are easily understood; however, it is the third leg that has apparently caused much of the confusion over whether a prima facie case of discrimination has been proven in a given situation.
Scholarly comment has often expressed concern over the lack of clear standards for the Batson analysis. One commentator states:
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