Williams v. State

• Decision Date: 18 February 1988
• Docket Number: 3 Div. 310
• Citation: 548 So.2d 501
• Parties: Samuel C. WILLIAMS v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 501

548 So.2d 501

Samuel C. WILLIAMS v. STATE.

3 Div. 310.

Court of Criminal Appeals of Alabama.

Feb. 18, 1988.

On Return to Remand Dec. 30, 1988.

Rehearing Denied May 12, 1989.

Certiorari Denied July 14, 1989

Alabama Supreme Court 88-1075.

Maurice S. Bell and David G. Flack, Montgomery, for appellant.

Don Siegelman, Atty. Gen., and Cecil G. Brendle, Jr., Asst. Atty. Gen., for appellee.

PATTERSON, Judge.

Appellant, Samuel C. Williams, was convicted on May 27, 1985, of the offense of selling cocaine, a controlled substance, in violation of § 20-2-70, Code of Alabama 1975. ¹ He was sentenced to 15 years' imprisonment and fined $15,000.00. The sentence was ordered to run concurrently with a previous 25-year sentence, which he had received as a result of having been convicted on May 1, 1985, for trafficking in cocaine. Appellant raises a number of issues.

One of the issues raised on appeal pertains to the use of peremptory strikes by the state to remove blacks from the jury venire. Appellant contends that the trial court committed reversible error in overruling his objection to the state's striking of blacks, arguing that the strikes were exercised in a racially discriminatory manner, depriving him of his constitutional rights. He relies on Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and Ex parte Jackson, 516 So.2d 768 (Ala.1986).

The record shows that initially there were 46 names on the venire and that 5 whites and 5 blacks were either excused or challenged for cause, leaving 36 on the panel. Thus, each side had 12 strikes. There were 9 blacks remaining on the panel of 36. The state exercised its 12 strikes by striking 3 whites and all 9 blacks. Appellant's objection to the state's strikes was timely, and made after the jury had been selected but before it was sworn. The prosecutor's explanations of its striking of blacks did not meet the requirements of Batson or Ex parte Branch, 526 So.2d 609 (Ala.1987) (as modified on denial of rehearing, December 4, 1987). The trial court overruled appellant's objection.

Accordingly, this cause is remanded with directions for the trial court to conduct proceedings consistent with Batson and the guidelines adopted by the Alabama Supreme Court in Ex parte Branch. The court is also directed to file findings of fact and conclusions of law with this court.

We deem it unnecessary to address the other issues raised by appellant at this time.

REMANDED WITH DIRECTIONS.

All Judges concur.

ON RETURN TO REMAND

PATTERSON, Judge.

We remanded this case to the trial court with instructions to conduct proceedings consistent with 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), and to file findings of fact and conclusions of law with this court. Pursuant to our instructions, the trial court conducted During the jury selection in the instant case, the prosecutor used nine of her twelve peremptory challenges to exclude all black prospective jurors. The central question to be decided here is whether the prosecutor made a bona fide or legitimate showing that her use of the peremptory strikes was for reasons other than race.

an evidentiary hearing "following the procedures set forth in Ex parte Branch," and filed an "order" with us detailing its findings and conclusions. No transcript of the evidentiary hearing has been filed; however, the findings and conclusions of the trial court are sufficient for our review and resolution of this case. The order will be treated as a return to our remand.

The order of the trial court set out the prosecutor's explanations for each of her peremptory strikes of blacks and concluded with a finding that the state had met its burden in "articulating a clear, specific, and legitimate reason for each challenge which relates to the particular case to be tried, and which is non-discriminatory." The trial court stated in its order that it "reads" our original opinion "to hold that the defense had already met its initial burden of persuasion to establish a prima facie case of discrimination." ¹ The trial record discloses that the trial court did not expressly rule that appellant had established a prima facie case of discrimination; nevertheless, the court required the prosecutor to explain her peremptory strikes. After hearing the explanations, the trial court overruled appellant's motion to quash the jury panel on the ground that the state's strikes were racially discriminatory. We follow the rule that, when the prosecution's explanations for its strikes are of record, we will review the trial court's findings of discrimination vel non, even though there has been no express finding by the trial court that a prima facie case has been established. Currin v. State, 535 So.2d 221 (Ala.Cr.App.1988). See also United States v. Forbes, 816 F.2d 1006 (5th Cir.1987). In other words, when the trial court calls upon the prosecutor for an explanation, without expressly finding a prima facie case, we will proceed directly to evaluate the sufficiency of the ensuing explanation. Where the trial court requires the prosecution to explain its peremptory challenges without first finding the existence of a prima facie showing of discrimination, we may fairly conclude that "the enquiry implied such a finding, and shifted the burden of justification to the prosecutor." People v. Turner, 42 Cal.3d 711, 719, 230 Cal.Rptr. 656, 660, 726 P.2d 102, 106 (1986).

In the instant case, the prosecutor had the burden of articulating clear, specific, and legitimate reasons for the strikes, which relate to the case, and which are non-discriminatory. Batson, 476 U.S. at 97, 106 S.Ct. at 1723; Ex parte Branch, 526 So.2d at 623. When evaluating the reasons, the trial court had a duty to reject any explanation that did not meet these requirements. Owens v. State, 531 So.2d 22 (Ala.Cr.App.1987); Slappy v. State, 503 So.2d 350 (Fla.Dist.Ct.App.1987), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988). In reviewing the trial court's finding that the strikes were non-discriminatory, we can only reverse if we find that that determination was clearly erroneous. Floyd v. State, 539 So.2d 357 (Ala.Cr.App.1987) (on return to remand); Owens v. State. For guidance in applying this "clearly erroneous" standard of review, see Owens v. State, 531 So.2d at 23-24.

The trial court, in its order, set out the following reasons for the state's peremptory strikes of blacks:

"Juror # 81, Mrs. Tammie Hardwick, a black female was the state's first strike. Mrs. Hardwick was struck because her husband is a prominent and "Juror # 55, Mrs. Dorothy Allen, a black female was the state's second peremptory strike. Mrs. Allen had stated in the voir dire that she had 'heard of Mr. Williams,' the defendant. The state feared that if a particular juror had heard that the defendant had previously received a mistrial in this case, the juror might assume lack of evidence on the state's part even though the mistrial was due to the sickness of a juror. Further, she lived in a 'high crime' area of the community. These two factors led the prosecution to the conclusion that this juror might be prejudiced because she knew of the defendant or possible intimidation because of the area in which she lived.

active defense attorney in Montgomery who had recently appeared as the defendant's attorney of record against the prosecutor, Miss Ellen Brooks, in a very controversial trial.

"Juror # 9, Ms. Marilyn Benson, a black female was the state's third strike. The primary factor was Ms. Benson's youth. Because of her age, 25 years old, and the prevalence of drug use among the youth, the state felt that she might be more defense-oriented in a drug prosecution such as the defendant's in this case. Additionally, [she] was employed as a college counselor causing the state to assume she might respond less favorably to the punitive nature of this prosecution. Ms. Benson, also, responded that she had 'heard of Mr. Williams.' This could present a problem if she had heard of the mistrial in the previous attempt at trying Mr. Williams and assumed it was due to a defect in the state's case. Finally, she stated that she was connected in some way with a mental health agency, causing the state to question whether this juror would be receptive to the punitive measures that would be dictated by state law if the prosecution prevailed.

"Juror # 13, Mr. James Glover, a black male, was the state's fourth strike. The primary reason Mr. Glover was struck was because of his inability to read and write. The state felt that this was particularly important in this case because a crucial piece of evidence was the written transcript of a tape recording of the drug sale Mr. Williams was charged with.

"Juror # 10, Mr. John L. Brown, a black male, was the state's fifth strike. Mr. Brown had received several traffic violations causing the state to fear he may not be receptive to the testimony of police officers who were key witnesses in this case. Additionally, Mr. Brown was a teacher/counselor at Patterson Trade School causing the state to have questions as to whether he disapproved of the punitive aspects of criminal prosecution.

"Juror # 17, Mrs. Carolyn Brown Simmons, a black female, was the state's sixth strike. Mrs. Simmons worked in the public school system causing the state to question whether the juror would be in favor of the punitive aspects of criminal prosecution (from the witness stand she related that she was a lunchroom worker--information the state may or may not have had at the time of striking). Secondly, Mrs. Simmons had indicated that at some point in voir dire that she had heard of the defendant. Again, the risk that the juror had heard of the previous mistrial and therefore assumed that the state had had a weak case was not one the state was willing to take. Additionally, Miss Brooks, the prosecuting attorney, observed during...