239 So. 3d 1097
Miss. Ct. App.2018Background
- On December 16, 2014, Gulfport narcotics detectives observed Walter Lewis toss a pill container that later tested positive for ~1 gram of cocaine; Lewis was arrested and charged with possession.
- At trial Lewis (an African American) pleaded not guilty, was convicted by a Harrison County jury, and sentenced as a habitual offender to six years in MDOC custody.
- During jury selection the State used its first two peremptory strikes on two African-American women; defense counsel raised a Batson challenge claiming a pattern of racial strikes.
- The prosecutor noted an African-American female (juror 32, Dedeaux) had been accepted earlier; the trial court found the defense had not made a prima facie Batson showing and overruled the challenge "at this time." The defense did not renew the objection.
- The seated twelve-person jury included four minority jurors (three African-American females and one Hispanic male); Lewis appealed solely on the Batson issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying Lewis's Batson challenge | Lewis: the court applied the wrong legal standard and failed to find a prima facie case based on the State’s strikes of two black veniremembers | State: only two strikes at the time did not establish a pattern; the court may consider the totality of facts (including accepted minority juror) and properly required a prima facie showing | The Court of Appeals affirmed: trial court did not abuse discretion in finding no prima facie Batson showing and properly ended the inquiry when defendant failed step one |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (establishes three-step framework prohibiting race-based peremptory strikes)
- Chisolm v. State, 529 So. 2d 635 (Miss. 1988) (discusses Batson in context of multiple strikes against African Americans)
- Pruitt v. State, 986 So. 2d 940 (Miss. 2008) (articulates Batson three-step analysis)
- Scott v. State, 981 So. 2d 964 (Miss. 2008) (plurality of strikes alone may be insufficient to make prima facie showing without additional facts)