State v. Harris, 2012 UT 77

Harris was charged with aggravated assault (third-degree felony) and domestic violence assault (class B misdemeanor) after a confrontation with Wardle and Michel in Harris's apartment.
Trial occurred in October 2009 as a one-day jury trial; Harris was convicted only of the class B misdemeanor assault after the state’s case.
During jury selection, jurors were dismissed for cause and peremptory strikes were exercised by both sides; a Batson challenge was raised regarding the removal of Juror No. 3, the only minority member.
Defense counsel indicated a Batson issue and the court invited the record to be made during a break, but the jury was seated before a formal ruling was entered.
After the jury was sworn and venire dismissed, defense counsel later attempted to place the Batson issue on the record; the court did not make findings or rulings on the challenge.
The court ultimately held Harris waived the Batson challenge by failing to timely press for resolution, and declined to apply plain error review or to address ineffective assistance claims as to the Batson issue.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Harris timely preserved Batson challenge	Harris timely objected to the strike of Juror 3.	The challenge was not timely pressed to resolution before the jury was sworn.	Batson challenge waived; no plain error review.
Whether the trial court erred by failing to resolve Batson challenge	The court should have ruled on race-neutral justification and potential discrimination.	Counsel acquiesced and did not demand a ruling; no error to correct.	No reversible error; challenge waived and cannot be reviewed under plain error.
Whether defense counsel's performance was ineffective for not obtaining an explicit ruling	Counsel should have secured a timely ruling to preserve the Batson issue.	Ineffective assistance claim fails under Strickland because no prejudice shown.	No Strickland prejudice; conviction affirmed.

Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (racial discrimination in peremptory strikes forbidden)
State v. Rosa-Re, 190 P.3d 1259 (Utah 2008) (timeliness requirement for Batson challenges; timing matters)
State v. Valdez, 140 P.3d 1219 (Utah 2006) (three-step Batson framework; necessity to press timely objection)
State v. Higginbotham, 917 P.2d 545 (Utah 1996) (race-neutral justification must be considered; standards for step two findings)
State v. Munguia, 253 P.3d 1082 (Utah 2011) (plain error standard and preservation prerequisites)