State v. Dorsey, 2011 La. LEXIS 1910

Felton Dorsey and Randy Wilson were indicted for first-degree murder; Wilson pled guilty to murder and testified in Dorsey’s trial under immunity; prosecution sought the death penalty with three aggravating factors amended prior to trial; Batson challenge raised based on the state’s peremptory strikes against black jurors; jury was 11 white, 1 black; defense argued racial discrimination and casting of jurors timed with capital sentencing; the jury recommended death and the district court sentenced Dorsey to death by lethal injection; the conviction and sentence were appealed to the Louisiana Supreme Court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Batson prima facie showing established?	Dorsey asserted a prima facie case from striking 5 of 8 black jurors.	Dorsey argued disparate strike pattern and race-based intent.	Court held no reversible abuse; statistics alone insufficient without supporting facts.
Challenge for cause proper rejection?	Dorsey claimed six jurors were improperly retained.	State showed jurors could be impartial after questioning.	Court upheld denial of challenges for cause given deference to trial court’s assessment.
Sufficiency of evidence for identity and murder?	Wilson’s testimony alone could identify defendant as perpetrator.	Accomplice testimony unreliable; insufficient without corroboration.	Evidence, including physical and eyewitness testimony, sufficient to convict and support death sentence.
Endemic racism claim (confederate memorial) reviewability?	Flag memorial shows discriminatory environment affecting sentencing.	McCleskey framework should apply; memorial indicates bias.	Contemporaneous objection required; claim not preserved for direct review; McCleskey analysis applied to deny relief.
Capital sentencing review and proportionality?	Death sentence warranted by multiple aggravating factors.	Sentence may be excessive or disproportionate.	Death sentence not excessive; proportionality review supports upholding sentence.

Batson v. Kentucky, 476 U.S. 79 (1986) (prohibits race-based peremptory strikes in jury selection)
Duncan v. Louisiana, 802 So.2d 533 (La. 2001) (statistical patterns alone insufficient for prima facie case; fact-intensive inquiry)
Johnson v. California, 545 U.S. 162 (2005) (prosecution’s refusal to justify strikes not automatic; context matters)
Draughn, 950 So.2d 583 (La. 2007) (late Batson objection weighed against inference of discrimination; factors beyond statistics)
Jacobs, 803 So.2d 933 (La. 2001) (rejection of reliance on statistics alone; voir dire evidence matters)