Jones v. Ryan
| Decision Date | 05 March 1993 |
| Docket Number | No. 91-1821,91-1821 |
| Citation | 987 F.2d 960 |
| Parties | Kevin JONES, Appellant, v. Joseph RYAN, Superintendent, State Correctional Institution at Dallas, PA, Office of Attorney General of Pennsylvania, Office of District Attorney of Philadelphia, Appellees. |
| Court | U.S. Court of Appeals — Third Circuit |
Jeffrey P. Shender (argued), Defender Ass'n of Philadelphia, Philadelphia, PA, for appellant.
Elizabeth J. Chambers (argued), Office of Dist. Atty., Philadelphia, PA, for appellees.
Before HUTCHINSON, ALITO and HIGGINBOTHAM, Circuit Judges.
Petitioner Kevin Jones appeals from the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254(d). In his application for habeas relief, Jones argued that at trial the prosecution used its preemptory challenges to strike black persons from the jury in violation of his right to equal protection under the Fourteenth Amendment to the United States Constitution. We find, pursuant to Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), that Jones established a prima facie case of purposeful discriminatory exercise of peremptory challenges by the prosecution. We also find that the prosecution failed to articulate racially neutral nonpretextual explanations for striking black persons from the jury. Accordingly, we hold that Jones' right to equal protection was violated. We, therefore, reverse the order of the district court denying habeas relief and remand for the court to enter an order granting Jones' writ of habeas corpus.
On August 2, 1988, Kevin Jones, a twenty-three year old black man, was arrested and charged under the penal laws of Pennsylvania with one count of robbery, two counts of theft, one count of simple assault, one count of criminal conspiracy and one count of resisting arrest. Jones was accused of attacking a sixty-nine year old white man and stealing his pension check. Jones went to trial before a jury in the Court of Common Pleas of Philadelphia, Pennsylvania. On January 20, 1989, the jury found Jones guilty of one count of robbery and one count of criminal conspiracy. On March 2, 1989, the court sentenced Jones to a two-and-one-half to ten year term of imprisonment on the robbery conviction and suspended sentence on the conspiracy conviction.
During jury selection, the venire panel consisted of forty persons. Thirty two of the venirepersons were white and eight were black. Of the eight black venirepersons, four were called for voir dire. The prosecutor exercised four of his seven peremptory challenges. He used three of the four to strike all but one of the black venirepersons called. (N.T. Jury Voir Dire at 41) [hereinafter App.] 1. At the conclusion of voir dire, defense counsel moved to strike the jury on the ground that the prosecutor used the race of three venirepersons as the basis for the exercise of the Commonwealth's peremptory challenges. Defense counsel argued that the prosecutor sought to eliminate black venirepersons in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Defense counsel invoked the Batson rule at the close of voir dire and thus preserved the record for appeal. Riddick v. Edmiston, 894 F.2d 586, 592 n. 7 (3d Cir.1990). The following colloquy took place immediately preceding the conclusion of the jury selection:
Defense Counsel:
May the record reflect in this matter, this is a jury composed of eleven white persons and one black person.... Under the doctrine of Batson versus United States, I would ask the Commonwealth to explain to the Court why it chose to strike all of the black jurors that came up in this matter.
Did you look at this panel when it came in.... I think about thirty-two were white and about eight were black.
Defense Counsel:
The Commonwealth seemed to have made an effort in this black on white robbery of an elderly man, made an attempt to have an all white jury in here and under the case law, they have to give an explanation.
They don't have to give an explanation unless he wants to. I am not asking for an explanation. It is a random thing that we did here, that we did today.
The Prosecutor:
If I can respond to one matter for the record. At the time I chose juror number ... 252, Frederick Sharp, who is a black gentleman, I still had four strikes, Judge. And there were several people in the courtroom of both races, black and white. If it was my intention to systematically exclude people on the basis of race from this jury, I certainly had every opportunity to do that. I chose not to. I chose to put him on the jury. I would suggest to the Court, in light of the fact that there was only four people who were black who were put on the panel and questioned during voir dire, there is no systematic exclusion here. That is all I want to say.
Very well.
Defense Counsel:
I would move to have this jury struck and begin again.
I shall not. You know, this Batson motion, in a case like this ... I know why you are doing it, raising it, raising every possible objection that you possibly can on behalf of your client. But a motion like this is divisive, it creates enormous problems but attorneys do it all the time. Attorneys are creating racial hatred in this City.
The court permitted the trial to proceed. Further, the trial record indicates that the trial court failed to make a specific finding of whether Jones had established a prima facie case of racially discriminatory exercise of peremptory challenges under Batson.
Following his conviction, on March 2, 1990, Jones renewed the Batson claim through post-verdict motions at his sentencing hearing. At the hearing, defense counsel argued that the prosecutor had engaged in discriminatory misuse of preemptory challenges by striking three of the four the black venirepersons. (N.T. Sentencing Proceedings at 2) [hereinafter Supp.App.]. Again, rather than making a specific finding on whether Jones had established a prima facie case of racially discriminatory exercise of preemptory challenges by the prosecutor, the court commented in response to defense counsel's arguments:
Listen I Think your office is promoting racism in the court. Every time a defender comes in, he raises that question, and I think it's unfair in provoking trouble within our community.
Defense Counsel:
Your honor, I think that question at side bar during voir dire, is not provoking trouble in our community, in a sensitive issue such as this.
Every defender. There must be an article of faith in your office to do this.
Following this colloquy and after further arguments from defense counsel, the prosecutor volunteered his reasons for using his preemptory challenges to exclude three out of four black venirepersons. According to the prosecutor, one of the venirepersons, named Idonia Young, was stricken because she had a son approximately the same age as Jones. The prosecutor explained: "it is my general policy that if at all possible, trying to avoid putting someone who has a child of approximately the same age [as the defendant] on the jury." Id. at 24. The second venireperson, named Karen Welton, was excluded because as the prosecutor stated:
It's my recollection, my general policy, if it's a white defendant, a green defendant, a red defendant, black defendant, if there's a young potential juror as the same approximate age and race of the defendant, as a general rule, if I have enough strikes, I will keep them off the jury.... That's my policy ... to avoid any potential, any attraction, any given potential between the juror and the defendant. (emphasis added).
The third venireperson, named Roy Sidberry, was excluded because, according to the prosecutor, "I attempted to make eye contact with Mr. Sidberry, and [ ] he sat rigidly in his seat and refused to make eye contact with me, and that's why I struck him...." Id. at 25.
After the prosecutor completed his explanations for striking the black venirepersons, defense counsel responded: Id. at 26. At that point, the court commented:
Just a moment, please. These arguments--I'm sorry about this outburst, but they make me more and more upset all the time. These accusations, not only against--are against the District Attorney's office, and they spill over on the Court, and I think it's outrageous, and I'm offended by it.
Id. On that note, the court, without making any findings concerning the Batson claim, denied Jones' post-verdict motions and proceeded to sentencing. On March 29, 1989, the court issued a written opinion affirming its decision to deny Jones' post-verdict motions. On the Batson claim, the court summarily concluded: "a fair and impartial jury was selected, [and] voir dire was conducted properly." Commonwealth v. Jones, No. 8808-2201/2202, slip op. at 2 (C.P.Phila. County Mar. 29, 1989).
Jones appealed to the Pennsylvania Superior Court, once again raising the Batson claim. In an unpublished opinion, the Superior Court affirmed the trial court. The court conceded that the trial court had "declined to make a determination that appellant established a prima facie case of purposeful discrimination." Commonwealth v. Jones, No. 8808-2201/2202 slip op. at 2 (Pa.Super.Ct. Oct. 16, 1989). Nonetheless, the court deferred to the trial court's implicit conclusions that the prosecutor's explanations were racially neutral. Id. The court further stated that, "there may have been other reasons, unannounced by the prosecution and apart from those offered against the black potential jurors, why the white venirepersons were more acceptable." Id. at 3. Following the Superior Court's affirmance of the trial court, Jones filed a "Petition For...
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