State v. Russell, 2012 Ohio 422

Defendant James A. Russell, African-American, was convicted by jury of aggravated robbery, felony murder, tampering with evidence, grand theft of a motor vehicle, gross abuse of a corpse, and having a weapon under a disability; the weapon-under-disability charge was bench-tried.
On remand after Russell III, the trial court conducted a Batson v. Kentucky hearing to evaluate a prima facie claim of racial discrimination in the State’s use of a peremptory challenge against an African-American juror (Prospective Juror No. 9).
The trial court concluded Russell failed to establish a prima facie case of discrimination, and declined to proceed to the second and third Batson stages, leaving the record unrevised.
This court previously reversed and remanded for a full Batson analysis, stating that a prima facie finding could be shown and that the court should proceed with the Batson stages on remand.
On appeal, this court held that there was a prima facie indication of discrimination and that the trial court erred in its prima facie ruling; the matter was remanded for a full Batson analysis.
The opinion ultimately reverses the trial court’s ruling and remands for a new Batson hearing, with instruction to accept the prima facie showing and proceed to the second and third Batson stages; if findings warrant, a new trial may be ordered.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Russell establish a prima facie Batson case?	Russell contends the peremptory strike against the sole African-American juror, plus voir dire disparities, created a prima facie inference of discrimination.	State argues the record shows no pattern of discrimination and that the prima facie threshold was not met.	Yes; prima facie case established; trial court erred by not advancing to Batson stages.

Batson v. Kentucky, 486 U.S. 79 (U.S. Supreme Court 1986) (establishes the three-stage Batson analysis for peremptory challenges based on race)
State v. Carver, 2008-Ohio-4631 (Ohio 2d Dist. Montgomery 2008) (adopts three-stage Batson framework and deference to trial court on credibility)
State v. Russell, 2010-Ohio-4765 (Ohio 2d Dist. Montgomery 2010) (remand Batson holding; clarifies prima facie standard)
State v. Russell, 2007-Ohio-137 (Ohio 2d Dist. Montgomery 2007) (initial affirmance and subsequent reopening of appeal (Russell I))
State v. Russell, 2008-Ohio-774 (Ohio 2d Dist. Montgomery 2008) (Russell II; mistrial issue and remand for Batson analysis)