State v. Singer
2019 Ohio 1922
Ohio Ct. App.2019Background
- Terrence L. Singer was tried for murder and aggravated robbery; jury convicted him of murder and the trial court found a repeat violent offender specification, imposing an aggregate sentence of 20 years to life.
- During voir dire the prosecutor used a peremptory challenge to strike juror No. 5, the only African‑American on the venire; defense raised a Batson challenge.
- Prosecutor offered race‑neutral reasons: juror No. 5 appeared young and appeared to lack education (custodian occupation).
- The trial court credited those reasons and overruled the Batson challenge; appellant appealed asserting Batson error among other claims.
- The Sixth District reviewed Batson’s three‑step framework, applied additional Branch factors to test pretext, concluded the prosecutor’s explanations were pretextual, found clear error in the trial court’s Batson ruling, reversed, and remanded for a new trial.
Issues
| Issue | Singer’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether the trial court erred in overruling Batson challenge to striking the only African‑American venire member | Strike was racial; prosecutor’s reasons were pretextual | Peremptory was race neutral — juror appeared young and under‑educated | Reversed: reasons were pretextual; Batson violation shown; new trial required |
| Whether jury should have been instructed on voluntary manslaughter (lesser included) | (raised on appeal) trial court erred in refusing instruction | Trial court did not err | Moot (not reached) |
| Whether counsel ineffective for not requesting self‑defense/castle doctrine instruction | Counsel should have sought instruction | Counsel acted appropriately | Moot (not reached) |
| Whether conviction was against manifest weight of evidence | Conviction against weight; new trial warranted | Evidence supported verdict | Moot (not reached) |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (prohibits race‑based peremptory strikes; three‑step test)
- Hernandez v. New York, 500 U.S. 352 (step two examines facial validity of race‑neutral explanations)
- Purkett v. Elem, 514 U.S. 765 (burden of persuasion remains with opponent of strike)
- Strauder v. West Virginia, 100 U.S. 303 (racial exclusion from juries violates equal protection)
- Hicks v. Westinghouse Materials Co., 78 Ohio St.3d 95 (Ohio application of Batson analysis)
- State v. Gowdy, 88 Ohio St.3d 387 (deference to trial court’s credibility findings in Batson step three)
- State v. White, 85 Ohio St.3d 433 (pattern not required to prove Batson violation)
- Ex parte Branch, 526 So.2d 609 (Ala. 1987) (factors for identifying pretext in race‑neutral reasons)