334 Conn. 275
Conn.2019Background
- Defendant Darnell Moore was convicted of murder after a jury trial in New London and appealed the denial of his motion to strike the voir dire panel as not a fair cross section of the community.
- Moore argued the jury panel lacked African-American males and proffered census data showing the percentage of African-Americans in Connecticut and the New London district.
- The trial court denied the motion for lack of statistical proof showing underrepresentation of African-American males eligible for jury service; the Appellate Court affirmed.
- Moore sought certification from the Connecticut Supreme Court, arguing (1) the census data he offered was the only available evidence to support a fair-cross-section claim and (2) the court should require collection/retention of juror racial/demographic data to allow such claims.
- The Supreme Court dismissed the appeal as improvidently granted, but observed reluctance to use supervisory authority to override General Statutes § 51-232(c) (which makes race/ethnicity disclosure voluntary) and anticipated the issue would be addressed by a Jury Selection Task Force.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether census data on the overall African‑American population is probative of underrepresentation of African‑American males in the jury pool | State: Census figures for the general African‑American population do not prove the relevant subset (jury‑eligible African‑American males) is underrepresented without statistical analysis | Moore: Census data was the only available source and therefore should be probative to show lack of a fair cross section | Appeal dismissed as improvidently granted; court declined to adopt a new rule here and noted the insufficiency of non‑specific census data for the Duren analysis |
| Whether the court should exercise supervisory authority to require mandatory collection/retention of juror racial/demographic data | State: Supervisory relief unnecessary and in tension with statutory scheme making race/ethnicity disclosure optional | Moore: Mandatory collection and retention is necessary for defendants to prove fair‑cross‑section claims | Court declined broad supervisory intervention given § 51‑232(c); suggested the Jury Selection Task Force consider policy/rule/legislative changes |
Key Cases Cited
- Duren v. Missouri, 439 U.S. 357 (1979) (established the fair‑cross‑section test for jury venires)
- Batson v. Kentucky, 476 U.S. 79 (1986) (prohibits race‑based peremptory strikes in jury selection)
- State v. Gibbs, 254 Conn. 578 (2000) (Connecticut application of fair‑cross‑section principles)
- Barlow v. Commissioner of Correction, 328 Conn. 610 (2018) (discussion of appellate disposition by dismissal as improvidently granted)
- State v. Moore, 169 Conn. App. 470 (2016) (Appellate Court decision affirming conviction and denial of motion to strike jury panel)