394 S.W.3d 264
Tex. App.2012Background
- Appellant James Blackman convicted of possession with intent to deliver cocaine; punishment 30 years imprisonment.
- Appellant challenged the verdict as legally and factually insufficient; Batson challenge to a peremptory strike raised.
- This Court previously held the evidence legally insufficient but was reversed by the Texas Court of Criminal Appeals, which remanded for consideration of remaining issues.
- During voir dire, venire member Fortune, an African American, was struck by the State using a peremptory challenge, prompting a Batson hearing.
- The trial court denied the Batson challenge; this Court reverses and remands for proceedings consistent with this opinion; the dissent would affirm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State’s strike of Fortune violated Batson | Blackman asserts pretextual, race-based strike | Fortune’s demeanor and prior jury service provide race-neutral grounds | Yes, Batson violation; pretext shown and reversal remand |
| Whether the Batson record supports the trial court’s credibility ruling | Record shows pretext and discrimination | Trial court weighed demeanor credible ground | Trial court erred; pretext established; remand for Batson analysis |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (U.S. Supreme Court 1986) (peremptory strikes based on race violate equal protection)
- Snyder v. Louisiana, 552 U.S. 472 (U.S. Supreme Court 2008) (deference to trial court on credibility in Batson third step)
- Miller-El v. Dretke, 545 U.S. 231 (U.S. Supreme Court 2005) (pretext inquiry; credibility of prosecutor's race-neutral reasons)
- Watkins v. State, 245 S.W.3d 444 (Tex.Crim.App. 2008) (an appellate focus on whether race-neutral reasons are genuine; deference to trial court)
- Gibson v. State, 144 S.W.3d 530 (Tex.Crim.App. 2004) (avoid substituting appellate judgment for trial court on Batson race-neutral findings)