Salma Monala-Khalil v. State
13-14-00191-CR
| Tex. App. | Sep 17, 2015Background
- Salma Monala-Khalil was convicted by a jury of DWI; sentence suspended and placed on one year community supervision.
- During voir dire two Black females were on the panel; venire member 5 (a Black female) was within the strike zone and was peremptorily struck by the State.
- Defense counsel raised a Batson challenge, arguing the strike was racially motivated because venire member 5’s answers were pro-State and similar to other jurors who were not struck.
- The prosecutor explained the strike was based on demeanor — venire member 5 was soft-spoken and difficult to hear — and the court credited that explanation and denied the Batson motion.
- On appeal the sole issue was whether the trial court’s denial of the Batson challenge was clearly erroneous given the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State’s peremptory strike of venire member 5 violated Batson | The strike was race-based because venire member 5 answered pro-State and similarly-situated jurors (e.g., venire member 7) were not struck | The strike was race-neutral: prosecutor relied on juror’s demeanor (soft-spoken, hard to hear) as basis for strike | Court affirmed: prosecutor’s demeanor-based reason was race-neutral and trial court’s credibility finding was not clearly erroneous |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (establishes Batson framework prohibiting race-based peremptory strikes)
- Purkett v. Elem, 514 U.S. 765 (race-neutral reason need not be persuasive, only facially nondiscriminatory)
- Snyder v. Louisiana, 552 U.S. 472 (deference where prosecutor credibly relies on juror demeanor)
- Pondexter v. State, 942 S.W.2d 577 (Tex. Crim. App.) (appellate standard reviewing Batson rulings)
- Ford v. State, 1 S.W.3d 691 (defines three-step Batson process under Texas law)
- Whitsey v. State, 796 S.W.2d 707 (factors showing pretext for peremptory strike)
- Nieto v. State, 365 S.W.3d 673 (factors for reviewing Batson credibility and record support)
- Yarborough v. State, 947 S.W.2d 892 (discussion of demeanor-based strikes and appellate review)