State ex rel. Macy v. Bragg
Decision Date | 27 October 2000 |
Docket Number | No. PR-2000-1122.,PR-2000-1122. |
Citation | 2000 OK CR 21,13 P.3d 503 |
Parties | STATE of Oklahoma, ex rel., Robert H. MACY, District Attorney, Petitioner, v. Honorable Susan BRAGG, District Judge, Respondent. |
Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
¶ 1 On August 30, 2000, Petitioner filed an Application to Assume Original Jurisdiction and a Petition for Writ of Prohibition and/or Writ of Mandamus, requesting an Order from this Court reversing Respondent's order striking the jury panel which had been summoned in Oklahoma County District Court Case No. CF-98-7353. Petitioner asserted Respondent lacked authority to strike the jury panel based on its racial make-up. On August 31, 2000, this Court directed a Response from Respondent, or a designated representative. The Response was filed on September 6, 2000, and oral argument on this matter was heard September 7, 2000. At the conclusion of that hearing, this Court, by a vote of four (4) to one (1) found merit with Petitioner's Application. We now render the following opinion.
¶ 2 On August 28, 2000, Respondent met with both parties privately in her chambers, while a prospective jury panel was assembled in her courtroom. At that time, defense counsel interposed an objection to the panel, stating "I looked out over the courtroom and in the jury box and there is one black prospective juror in the entire courthouse or in the courtroom." (Tr. 4). Counsel argued such lack of potential black jurors in the panel did not fairly represent the defendant's peers and moved the court to strike the panel and declare a mistrial.1
¶ 5 Arguments regarding the demographic composition of jury pools are not new, nor is the rule of law. In Taylor v. State of Louisiana, 419 U.S. 522, 526-531, 95 S.Ct. 692, 42 L.Ed.2d 690 (1975), the Supreme Court considered whether systematic exclusion of women during the jury-selection process, resulting in jury pools not reasonably representative of the community, denied a criminal defendant the right to a petit jury selected from a fair cross section of the community. In Taylor, the discrepancy between females eligible for jury service and those actually included in the venire resulted from the operation of Louisiana constitutional and statutory provisions which excluded women from jury service selection unless a woman had previously filed a written declaration of her desire to be subject to jury service.
¶ 6 In reversing the decision of the Louisiana Supreme Court, the Supreme Court held that a jury selection system which operates to exclude from jury service an identifiable class of citizens of eligible jurors in the community violates the Sixth and Fourteenth Amendments. 419 U.S. at 527, 95 S.Ct. 692. The Court observed the American concept of a jury trial contemplates a jury drawn from a fair cross section of the community.3 Id.
¶ 7 Further, the Court found its duty to protect the constitutional rights of all did not mean it should impose on the States its conception of the proper source of jury lists, so long as the source used reasonably reflects a cross-section of the population suitable in character and intelligence for that civic duty.4 In that regard, the Court did not impose any requirement that petit juries actually chosen must mirror the community and reflect the various distinctive groups in the population. Rather, the Court noted defendants are not entitled to a jury of any particular composition; but the jury wheels, pools of names, panels, or venires from which juries are drawn must not systematically exclude distinctive groups in the community and thereby fail to be reasonably representative thereof. Id. at 538, 95 S.Ct. 692.
¶ 8 In the case at bar, there was no evidence presented to the trial court that the current method of jury selection in Oklahoma County systematically excludes distinctive groups within the community. In striking the jury panel, the trial court believed the defendant was not being given an opportunity to have a jury of her peers. However, there is no constitutional right to a jury of one's so-called peers. As stated by the Supreme Court, defendants are not entitled to a jury of any particular composition, nor is there any requirement juries reflect the various distinctive groups in the population. Lacking any evidence of systematic exclusion of distinctive groups in the community, there was no legal justification for the trial court to strike this particular jury panel.
¶ 9 Later, in Duren v. State of Missouri, 439 U.S. 357, 99 S.Ct. 664, 58 L.Ed.2d 579 (1979), the issue before the Supreme Court was a Missouri law granting women an automatic exemption from jury service at their request. Duren was convicted by an all-male jury which was selected from a 53 person panel on which there were five women. The Supreme Court reversed, finding the statute's exemption of women from jury service on request violated a defendant's Sixth and Fourteenth Amendment rights because it failed to ensure jurors in criminal cases were drawn from a fair cross section of the community.
¶ 10 In so holding, the Supreme Court provided the elements a defendant must prove in order to establish a prima facie violation of the fair cross section requirement. Those elements are:
439 U.S. at 364,99 S.Ct. 664. The Court found Duren had met his burden of proof by establishing with statistical evidence the system by which juries had been selected violated his constitutional right to a jury drawn from a fair cross section of the community.5
¶ 11 Again, in the case at bar no such evidence of systematic exclusion was presented to the trial court. Indeed, the record is void of any evidence the jury panel assembled in Respondent's courtroom on the morning of August 28, 2000, was not...
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Davis v. State
...any particular composition, nor is there any requirement juries reflect the various distinctive groups in the population. State ex rel. Macy v. Bragg, 2000 OK CR 21, ¶ 8, 13 P.3d 503, 506. To establish a prima facie case of a violation of the fair cross-section requirement, Appellant “must ......