State v. Galvez, 858 N.W.2d 619

In Nov. 2012 Juan Tyler Galvez was charged with two counts of gross sexual imposition (A felonies) for digital penetration of two girls under 15; Galvez was 18–21 at the time.
At trial both alleged victims testified; additional witnesses (step-sister and step-mother) testified as to disclosures and observations.
The State used six peremptory challenges to strike male venirepersons; final jury was 7 women and 5 men.
Galvez objected under Batson/J.E.B. to gender-based peremptory strikes; the State offered gender-neutral reasons for each strike.
The district court overruled the Batson objection and denied Galvez’s Rule 29 motion for acquittal; the jury convicted on both counts and the court sentenced Galvez to concurrent 20-year terms (6 years suspended) and 10 years’ probation.
On appeal Galvez argued (1) the State impermissibly used gender-based peremptory strikes and the court failed to perform a meaningful Batson review, and (2) the evidence was insufficient to support conviction. The Supreme Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the State’s six peremptory strikes of men violated the Equal Protection Clause (Batson/J.E.B.)	State: strikes were gender-neutral; each juror had specific, case-related reasons for removal (undisclosed sex allegation, nodding off/attitude, undisclosed criminal history, unresponsive, job selling dating subscriptions)	Galvez: strikes formed a pattern of excluding males; district court failed to meaningfully assess Fern factors and ignored record	Court: affirmed — district court did not clearly err; State proffered specific neutral reasons and, absent a transcript of voir dire, the appellate court accepts the trial court’s findings
Whether the evidence was sufficient to sustain convictions for gross sexual imposition	State: victims’ testimony and corroborating testimony provided competent evidence to support jury verdict	Galvez: evidence insufficient; moved for judgment of acquittal at close of State’s case	Court: affirmed — uncorroborated child testimony can suffice and record provided competent evidence allowing reasonable inference of guilt

Batson v. Kentucky, 476 U.S. 79 (1986) (peremptory strikes based on race/gender violate Equal Protection)
J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994) (extends Batson to gender-based peremptory strikes)
City of Mandan v. Fern, 501 N.W.2d 739 (N.D. 1993) (factors trial courts should consider in Batson-type review)
State v. Nakvinda, 807 N.W.2d 204 (N.D. 2011) (standard of review for sufficiency of the evidence)
State v. Grant, 776 N.W.2d 209 (N.D. 2009) (uncorroborated child testimony can support sexual offense conviction)
State v. Bruce, 818 N.W.2d 747 (N.D. 2012) (application of sufficiency review principles)