United States v. Christopher Tomlinson
764 F.3d 535
6th Cir.2014Background
- Defendant Christopher Tomlinson was tried for possession of a firearm by a convicted felon under 18 U.S.C. § 922(g)(1) after a January 2013 jury trial.
- Jury selection spanned multiple rounds of peremptory strikes; the government used six peremptory strikes, several against African American prospective jurors.
- After the government’s final strike (its sixth), defense counsel stated she would bring a Batson challenge, asserting the government had struck African Americans in successive rounds.
- The district court permitted a Batson inquiry only as to the final struck juror (Ms. Jackson) and ruled Tomlinson had waived any objection to the government’s earlier five strikes by not objecting sooner; the trial proceeded and Tomlinson was convicted.
- On appeal, the Sixth Circuit held that a Batson objection is timely if made before the jury is sworn and trial commences, and that Tomlinson’s objection met that standard; the court reversed the waiver ruling and remanded for a Batson hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tomlinson timely preserved a Batson challenge to the government’s peremptory strikes | Tomlinson argued his Batson objection was timely because he raised it before the jury was sworn and before trial commenced, after a pattern of strikes became evident | Government argued defense waived challenge by failing to object contemporaneously to earlier peremptory strikes during voir dire | Court held objection timely if raised before jurors are sworn and trial begins; reversed waiver ruling and remanded for Batson hearing |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (timeliness and framework for Batson challenges; defendant’s pre-sworn discharge motion deemed timely)
- Ford v. Georgia, 498 U.S. 411 (approving rule that Batson claims be raised before jurors are sworn; addressed retroactivity of state procedural rule)
- United States v. McAllister, 693 F.3d 572 (discusses remedy and standards following Batson findings)
- United States v. Harris, 192 F.3d 580 (addresses Batson error as structural and need for reversal if proven)