State v. Holman, 53358
Decision Date | 08 November 1988 |
Docket Number | No. 53358,53358 |
Citation | 759 S.W.2d 902 |
Parties | STATE of Missouri, Plaintiff-Respondent, v. Joann HOLMAN, Defendant-Appellant. |
Court | Missouri Court of Appeals |
Peggy T. Harris, St. Louis, for defendant-appellant.
William L. Webster, Atty. Gen., Carrie D. Francke, Sp. Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.
Defendant appeals from her convictions of assault first degree and armed criminal action and the resulting concurrent ten year terms of imprisonment imposed on each count. We reverse and remand.
The only issue we need address is defendant's contention that the prosecution utilized its peremptory challenges in a racially discriminatory fashion contrary to Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Both defendant and the victim, a male, were black. There were 28 qualified venirepersons prior to exercise of the state's peremptory challenges. Five of that number were black, four of them female. The state challenged all five and additionally one white female. The final jury was all white with seven females and one female alternate. In responding to defendant's Batson challenge at trial the prosecutor gave the following explanations for two of his challenges:
The reasons given by the prosecutor established that his peremptory challenges were based upon the race of the venirepersons, a race shared with the defendant. It would be difficult to conceive of a case more clearly demonstrating the applicability of Batson. The explanations given create a situation which the Supreme Court in State v. Antwine, ...
To continue reading
Request your trial-
State v. Weaver
...v. State, 792 S.W.2d 265, 268-69 (Tex.App.1990); State v. Tomlin, 299 S.C. 294, 384 S.E.2d 707, 710 (1989); and State v. Holman, 759 S.W.2d 902 (Mo.App.1988). The distinction between this case and all of those relied on by the defendant is that in this case, the prosecutor's decision to str......
-
State v. Smith
...was because they were women, if the real reason was because of their race, the strikes were impermissible. State v. Holman, 759 S.W.2d 902, 903 (Mo.App.1988) The prosecutor said he struck Ms. Lura Wynn because she was about the same age, same sex and same "build type" as defendant, she work......
-
State v. Smith
...criminal action because the State utilized its peremptory jury challenges in a racially discriminatory fashion. State v. Holman, 759 S.W.2d 902, 903 (Mo.App.E.D. 1988). See also, State v. Price, 763 S.W.2d 286 (Mo.App.E.D. 1988) (reversed and remanded a conviction of capital murder and two ......