London v. State

• Decision Date: 09 October 2003
• Docket Number: No. CR 02-970.,CR 02-970.
• Citation: 354 Ark. 313,125 S.W.3d 813
• Parties: Maurice LONDON v. STATE of Arkansas.
• Court: Arkansas Supreme Court

125 S.W.3d 813

354 Ark. 313

Maurice LONDON v. STATE of Arkansas.

No. CR 02-970.

Supreme Court of Arkansas.

October 9, 2003.

William R. Simpson, Jr., Public Defender, by: Erin Vinett, Deputy Public Defender, Little Rock, for appellant.

Mike Beebe, Att'y Gen., by: Jeffrey A. Weber, Ass't Att'y Gen., Little Rock, for appellee.

W.H. "DUB" ARNOLD, Chief Justice.

Appellant Maurice London appeals his conviction of robbery from the Pulaski County Circuit Court. Following conviction, the jury imposed a sentence of twelve years to be served in the Arkansas Department of Correction. The sole issue before us is whether the trial court committed reversible error in handling appellant's Batson objection. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). We find no reversible error and affirm.

Jerry Rush testified at trial that on August 3, 2001, as he walked outside of his home, appellant put a gun to Rush's head and demanded money from him. Rush stated that he initially struggled with appellant, but then Rush told appellant he would go inside his home to retrieve the money. At that point, according to Rush, appellant left the premises and was gone for about five minutes. Meanwhile, Rush obtained $400 from inside his home. When appellant returned to Mr. Rush's home, Rush threw the money out the door.

Maurine Rush, Jerry Rush's wife, testified at trial that she was inside their home with her grandson when the incident began. Mrs. Rush stated she saw appellant holding a gun pointed at her husband; and, at that time she called 911. However, once officers arrived, Mrs. Rush refused to give a statement to the officer because she testified that, at the time, she was angry with her husband for giving appellant money. Pulaski County Sheriff Deputy Joseph Dunn testified that he took a statement from Mr. Rush, but that Mrs. Rush refused to speak with him about the incident

On October 18, 2001, the State filed a one-count felony information against appellant for the aggravated robbery of Jerry Rush. The information also alleged that appellant was a habitual offender. On June 10, 2002, appellant stood trial in Pulaski County Circuit Court, Second Division, where the State presented three witnesses: Mr. Rush, Mrs. Rush, and Deputy Joseph Dunn. The defense presented no testimony.

After closing arguments, the trial court submitted the case to the jury. The jury returned with a verdict of guilty on the lesser-included offense of robbery instead of aggravated robbery. After the sentencing phase, the jury recommended a sentence of twelve years to be served in the Arkansas Department of Correction. The trial court accepted that recommendation and sentenced him accordingly.

In this appeal, appellant argues that the trial court committed reversible error in handling appellant's Batson objection. Namely appellant contends that the trial court did not follow this court's Batson framework established in MacKintrush v. State, 334 Ark. 390, 978 S.W.2d 293 (1998); and, in the alternative, a portion of the MacKintrush framework was unconstitutionally interpreted and applied by the trial court.

During voir dire, appellant objected on Batson grounds after the State struck from the jury panel three African-Americans whom were potential jurors. The State struck four prospective jurors in the first round of strikes, two of which were apparently African-Americans. During the second round of strikes, the State struck an African-American, resulting in three African-Americans being struck from the jury panel. At that time, appellant objected on Batson grounds. The following dialogue then occurred at the bench:

DEFENSE COUNSEL: I guess for the record, we're going to make a challenge at this time. The State has now struck five people, three of which have been African-American. The Defendant is African-American. I think the State may be using this to racially bias the jury panel this morning.

DEPUTY PROSECUTING ATTORNEY: Well, we've also struck, we've also struck two, two white people in the first round. We also say three African-Americans, Your Honor. Regarding the last juror that was struck, I believe, there was a lot of tension and attitude between he and myself during the voir dire, and that was the sole reason for the, that strike.

DEFENSE COUNSEL: And I believe the burden is also on them to show that their other previous strikes were not racially motivated also.

THE COURT: Well, there are still three blacks on the jury.

DEFENSE COUNSEL: The problem with that, Your Honor, is that they're systematically excusing three others who were, and now, obviously, the pound [sic] was heavily weighted toward the white. And by doing this, sixty percent of their strikes towards the blacks, solely, they have now shifted that balance even more.

DEPUTY PROSECUTING ATTORNEY: Your Honor, there's no pattern. Defense has to show a pattern of systematic discrimination, there's no pattern to this.

DEFENSE COUNSEL: I think sixty percent, when you get above. THE COURT: Well, your, there's still three on the panel, so I just don't think it's a systematic pattern at this point.

DEPUTY PROSECUTING ATTORNEY: And, Your Honor,—also indicated she had a child that was prosecuted.

THE COURT: Well, I don't think, I just don't think, I'm going to deny the motion. One had a child that had been prosecuted, I think that's a good reason. The other two, I don't recall.

DEPUTY PROSECUTING ATTORNEY [sic]: And, Your Honor, juror number three also indicated that she had a child that had been prosecuted. She was left on there.

THE COURT: I'm going to deny the motion.

Appellant argues that the prosecutor and the trial court failed to follow this court's standard as set forth in MacKintrush v. State, 334 Ark. 390, 978 S.W.2d 293 (1998), wherein we outlined a three-step approach to be used in Batson situations. In 1986, the United States Supreme Court held that the equal-protection clause of the Fourteenth Amendment to the United States Constitution prohibits the State from striking a venire person as a result of racially discriminatory intent. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The Court left it up to the states to develop specific procedures for implementing Batson. Batson, supra; MacKintrush v. State, 334 Ark. 390, 978 S.W.2d 293 (1998).

The Supreme Court did not formulate set standards for state trial courts to follow in implementing Batson; however, it did provide a three-step process as guidance. In 1995, the United States Supreme Court clarified its holding in Batson with its decision in Purkett v. Elem, 514 U.S. 765, 115 S.Ct. 1769, 131 L.Ed.2d 834 (1995) (per curiam). In Purkett, the Court outlined the proper steps for a trial court to follow when a Batson claim is made:

1. The defendant must make a prima facie showing of discriminatory intent in making a peremptory strike;

2. If a prima facie case is made, then the State must produce a race-neutral reason for the strike; and,

3. The trial court must then make a determination as to whether the defendant has carried his burden of persuasion that the strike was fueled by racially discriminatory intent.

Purkett, 514 U.S. at 767, 115 S.Ct. 1769.

Relying on the guidance found in Batson and subsequent federal case law, this court has formulated a specific procedure for the trial courts of Arkansas to follow. In MacKintrush v. State, this court established what is currently this state's three-step Batson procedure. First, the strike's opponent must present facts to raise an inference of purposeful discrimination; that is, the opponent must present a prima facie case of racial discrimination. Hinkston v. State, 340 Ark. 530, 10 S.W.3d 906(2000). Second, once the strike's opponent has made a prima facie case, the burden shifts to the proponent of the strike to present a race-neutral explanation for the strike. Id. If a race-neutral explanation is given, the inquiry proceeds to the third step, wherein the trial court must decide whether the strike's opponent has proven purposeful discrimination. Id.

This court will reverse a trial court's ruling on a Batson challenge only when its findings are clearly against the preponderance of the evidence. Williams v. State, 338 Ark. 97, 991 S.W.2d 565 (1999). Also, we accord some measure of deference to the trial court in that it is in a superior position to make these determinations because it has the opportunity to observe the parties and determine their credibility. Id.

In the present case, London objected in voir dire on Batson grounds after the State struck three African-American members of the venire panel, asserting that the State was attempting to obtain a racially-biased jury. London argues that the trial court erred in failing to find a Batson violation. More specifically, London argues that the trial court erred in failing to follow the three steps required in an analysis of a Batson violation when the trial court considered the race-neutral explanations offered by the State.

Step one is making a prima facie case. MacKintrush, supra; Purkett, supra. However, the trial court first went to step two and allowed the State to offer race-neutral explanations and then decided that there was no Batson violation. In other words, the trial court ignored step one, heard argument on step two, and then decided the ultimate issue under step three. Once the party-striking jurors offered a race-neutral explanation, and the trial court rules on the ultimate issue of intentional discrimination, the preliminary issue of a prima facie case becomes moot. Wooten v. State, 325 Ark. 510, 931...