2023-0237-C.A.
R.I.Jul 9, 2026Background
- Porter was convicted of second-degree murder and firearms offenses arising from the shooting death of Tiphany Tallo. 1
- At his first trial, the prosecutor struck the sole African-American venireperson, Juror 103, citing workplace-retaliation concerns; this Court affirmed. 2
- The First Circuit later held that the first-trial Batson ruling was unreasonable and ordered the convictions vacated for retrial. 3
- At the second trial, the sole African-American venireperson, Juror 90, disclosed two pending DUI cases and was questioned further by the prosecutor. 4
- The trial justice first denied the State's for-cause challenge, then permitted a peremptory strike after stating there were strong race-neutral grounds. 5
- Porter was convicted again, his new-trial motion was denied, and he appealed arguing a Batson violation. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the State's strike of Juror 90 violate Batson? 7 | Porter said the court failed to probe pretext and disparate investigation. | State said Juror 90 had pending cases and credibility concerns. | Yes; the court skipped meaningful Batson step-three review. 8 |
| Was the Batson error harmless? 9 | Porter said a Batson violation requires automatic reversal. | State implied no reversible prejudice from the strike. | No; Batson error is structural and requires a new trial. 10 |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (peremptory strikes may not be based on race; tripartite Batson framework 11)
- Flowers v. Mississippi, 588 U.S. 284 (U.S. 2019) (trial courts must consider all relevant circumstances and prevent racial discrimination in jury selection 12)
- Hernandez v. New York, 500 U.S. 352 (U.S. 1991) (prima facie step becomes moot once the court rules on ultimate discrimination question 13)
- Miller-El v. Dretke, 545 U.S. 231 (U.S. 2005) (comparative juror analysis and pretext evidence inform Batson step three 14)
- Snyder v. Louisiana, 552 U.S. 472 (U.S. 2008) (credibility and demeanor findings are central to Batson review 15)
- Purkett v. Elem, 514 U.S. 765 (U.S. 1995) (step-two race-neutral explanation need only be facially valid 16)
- Arizona v. Fulminante, 499 U.S. 279 (U.S. 1991) (structural errors affect the framework of the trial and defy harmless-error analysis 17)
- Porter v. Coyne-Fague, 35 F.4th 68 (1st Cir. 2022) (first federal appeal held the prior Batson ruling unreasonable and ordered retrial 18)
- State v. Porter, 179 A.3d 1218 (R.I. 2018) (this Court's prior decision upheld the first conviction after finding the strike race-neutral 19)