Jackson v. State, 1 Div. 965
Decision Date | 02 February 1990 |
Docket Number | 1 Div. 965 |
Citation | 557 So.2d 855 |
Parties | Jessie James JACKSON v. STATE. |
Court | Alabama Court of Criminal Appeals |
William H. Steele, Mobile, for appellant.
Don Siegelman, Atty. Gen., and Rivard Melson, Asst. Atty. Gen., for appellee.
Jessie James Jackson was convicted for the unlawful possession of pentazocine (Talwin) in violation of Ala.Code 1975, § 20-2-70, and sentenced to six years' imprisonment. Jackson raises two issues on this appeal from that conviction.
The judgment of the circuit court is reversed for a violation of the principles of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and Ex parte Branch, 526 So.2d 609 (Ala.1987). See also Harrell v. State, 555 So.2d 263 (Ala.1989). The record shows that the prosecutor's explanations for striking four of the six black members of the jury venire are constitutionally insufficient under the facts of this case.
Defense counsel made his Batson objection after the jury had been selected but before it was sworn. Immediately after defense counsel moved for a dismissal and for a mistrial, the prosecutor stated his reasons for the exercise of his first five peremptory strikes against blacks.
Without comment, the trial judge found these reasons race-neutral. With the exception of venire member 102, who was struck because of her demeanor in addition to her employment, we disagree with this finding.
The voir dire of the venire was merely nominal and consumes only eight pages of the transcript. The prosecutor did not specifically question any of the five blacks he struck and did not ask any question on voir dire relating to the explanation he gave for his strikes of any black veniremember.
The Alabama Supreme Court has stated that two of the "certain specific kinds of conduct by a prosecutor that would raise the inference of discrimination under Batson," Harrell v. State, 555 So.2d at 266, are "[t]he type and manner of the state's attorney's questions and statements during voir dire, including nothing more than desultory voir dire," and "[t]he type and manner of questions directed to the challenged juror, including a lack of questions, or a lack of meaningful questions," Branch, 526 So.2d at 623.
In deciding a Batson issue, the importance of a thorough voir dire and the significance of its absence should not escape notice. Ex parte Cochran, 538 So.2d 793, 793-94 (Ala.1989) (Maddox, J., dissenting) (); Ex parte Lynn, 543 So.2d 709, 714 (Ala.1988), cert. denied, Lynn v. Alabama, 493 U.S. 945, 110 S.Ct. 351, 107 L.Ed.2d 338 (1989) (Maddox, J., concurring specially) (...
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