Florence, Thomas Wayne
WR-63,775-21
| Tex. App. | May 18, 2015Background
- In May 2005 Wael Kassem was cited in municipal court for failing to obey a traffic-control device (turning left where a sign required a green arrow). He pleaded not guilty; jury convicted and fined $200.
- Fourteen venire members summoned; six were African-American. The State exercised three peremptory strikes, all against African-American jurors (jurors 4, 5, and 12). Two African-Americans still served on the seated jury.
- Kassem moved for a Batson hearing in the municipal court, arguing the State used 100% of its peremptory strikes against African-Americans (about 30–40% of the panel). The municipal court denied the Batson motion, reasoning Batson applies only when the defendant and struck jurors are the same race.
- The State offered race-neutral reasons for striking two jurors (jurors 4 and 5) but gave no explanation on the record for juror 12. The trial court nevertheless proceeded without making Batson findings.
- Kassem appealed to the county criminal court at law, which affirmed; Kassem appealed to this Court of Appeals raising (1) denial of Batson motion, (2) denial of motion to quash the complaint, and (3) legal/factual sufficiency of evidence. The appellate court reversed and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the municipal court erred by denying Batson and refusing a Batson hearing | Kassem: the State used all its peremptory strikes on African-American jurors (statistically suspicious), establishing a prima facie case requiring a Batson hearing | State: Batson doesn't apply because the struck jurors were not the same race as Kassem | Court: Reversed — a defendant need not be the same race as struck jurors; the pattern of strikes met the prima facie burden and required a Batson hearing and findings |
| Whether the municipal court erred by denying the motion to quash the complaint for vagueness | Kassem: complaint was vague on alleged conduct and lacked proper municipal seal | State: complaint tracked statutory language | Court: Denial affirmed — complaint tracked statutory language sufficiently to charge the offense |
| Whether legal and factual sufficiency was waived for appellate review | Kassem: motion for new trial asserted insufficiency under a heading and preserved issue | State: insufficiency issue not preserved because not raised properly in new-trial motion | Court: Reversed county court — issue preserved in new-trial motion; remanded for consideration of sufficiency |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (establishing the three-step Batson framework for racial discrimination in peremptory challenges)
- Miller-El v. Dretke, 545 U.S. 231 (discussing statistical and pattern evidence in evaluating discriminatory jury strikes)
- Purkett v. Elem, 514 U.S. 765 (clarifying burden-shifting and that prosecutors’ race-neutral reasons need not be persuasive at step two)
- Powers v. Ohio, 499 U.S. 400 (holding a defendant may object to racial exclusion of jurors of a different race)
- Unscomb v. State, 829 S.W.2d 164 (Texas authority recognizing that a high rate of strikes against a group can establish a prima facie case)