249 N.C. App. 543
N.C. Ct. App.2016Background
- Defendant Brian McQueen (Black male) was indicted for first-degree murder and robbery with a firearm; convicted and sentenced to life without parole.
- During jury selection the State used peremptory strikes against several Black prospective jurors (Jurors 2, 10, and 11); defense raised Batson challenges to those strikes.
- State articulated race-neutral reasons for each strike: absolute or strong reservations about the death penalty (Juror 2, Juror 10), failure to disclose or minimize prior criminal history and concerns about truthfulness (Jurors 10 and 11), familiarity or contacts with a witness (Juror 11), and demeanor/eye contact.
- Defense argued the strikes were racially motivated and pointed to similarly situated white jurors who were not struck (e.g., Juror 12).
- The trial court found the State offered credible, race-neutral, non-pretextual reasons and denied Batson relief; the Court of Appeals affirmed, holding no clear error in the Batson rulings.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (McQueen) | Held |
|---|---|---|---|
| Whether the trial court erred in denying Batson challenges to peremptory strikes of Jurors 2, 10, and 11 | The State: strikes were supported by race-neutral reasons (death-penalty views, undisclosed or minimizing criminal history, truthfulness concerns, witness familiarity, demeanor). | McQueen: the strikes targeted Black jurors disproportionately and were pretextual; similarly situated white jurors were passed. | Held: No error — the trial court did not clearly err; State’s reasons were race-neutral, credible, and not pretextual. |
Key Cases Cited
- State v. James, 230 N.C. App. 346 (N.C. Ct. App.) (discussing clear-error standard for Batson review)
- State v. Cofield, 129 N.C. App. 268 (N.C. Ct. App.) (consider totality of circumstances and counsel credibility in Batson surrebuttal)
- State v. Jackson, 322 N.C. 251 (N.C.) (prima facie Batson showing and evaluating similarly situated jurors)
- State v. Porter, 326 N.C. 489 (N.C.) (factors to consider and race-neutral reasons for strikes like death-penalty reservations)
- State v. Cummings, 346 N.C. 291 (N.C.) (reservations about imposing death penalty are race-neutral reasons)
- Taylor v. State, 362 N.C. 514 (N.C.) (adopts the Batson three-part framework)
- Foster v. Chatman, 136 S. Ct. 1737 (U.S. 2016) (example where prosecution’s jury notes and files showed discriminatory intent)
- Hernandez v. New York, 500 U.S. 352 (U.S.) (permissible race-neutral reasons may include demeanor and credibility concerns)