Robert Nathaniel Jones v. State
431 S.W.3d 149
| Tex. App. | 2013Background
- Robert Nathaniel Jones, an African-American, was convicted of felony possession; after voir dire the State used peremptory strikes so that no African-American served on the jury; Jones raised a Batson challenge to at least one strike (veniremember no. 24).
- The venire initially had ~60 panelists; after challenges for cause 32 remained, with three identified African-American members in the record; the State used multiple peremptory strikes eliminating the identified African-American panelists.
- The State explained its strikes were race-neutral: it eliminated veniremembers who rated local law enforcement a "6" or lower, then proceeded to strike those who rated law enforcement a "7" in panel-number order until it ran out of strikes.
- Veniremembers 8, 13, 24, and 28 gave identical answers on the disputed voir dire questions (drug-law view, marijuana prosecution, law-enforcement rating of 7, and silence on burden-of-proof question); the State struck only no. 24 (an African-American) and seated the others (non‑African‑American).
- The trial court denied the Batson challenge; on appeal the Fourteenth Court of Appeals reviewed the record and found the State s proffered reason contradicted by the record and disparately applied.
- Court held the trial court clearly erred in finding the State s explanation genuine, reversed the conviction, and remanded for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether State used peremptory strikes based on race (Batson claim) | Jones argued the State struck an African-American panelist (no. 24) though the State's stated reason (law‑enforcement rating strategy) applied equally to non‑black panelists who were seated | State argued strikes were race‑neutral: it struck all who rated law enforcement 6 or lower, then struck 7s in panel order until strikes were exhausted | Court held Batson violation: State's explanation was not genuine and was disparately applied; reversed and remanded |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (constitutional prohibition on race‑based peremptory strikes)
- Miller-El v. Dretke, 545 U.S. 231 (comparative analysis and factors for identifying pretextual race-neutral reasons)
- Snyder v. Louisiana, 552 U.S. 472 (comparative analysis showing prosecutor's stated reason was pretext)
- Nieto v. State, 365 S.W.3d 673 (Tex. Crim. App. 2012) (clear‑error review focuses on genuineness of prosecutor's explanation)
- Whitsey v. State, 796 S.W.2d 707 (Tex. Crim. App. 1989) (trial court must assess genuineness of race‑neutral reasons)
- Moore v. State, 265 S.W.3d 73 (Tex. App.—Houston [1st Dist.] 2008) (prosecutor's contradicted explanation supports finding of pretext)
- Watkins v. State, 245 S.W.3d 444 (Tex. Crim. App. 2008) (appellate review may examine voir dire record in entirety for Batson analysis)
- Davis v. Fisk Elec. Co., 268 S.W.3d 508 (Tex. 2008) (even one racially motivated peremptory strike invalidates jury selection)
