Welch v. State
2010 Ala. Crim. App. LEXIS 98
Ala. Crim. App.2010Background
- Welch was convicted of assault in the second degree and sentenced to 18 months in prison.
- The charged incident occurred in Baldwin County involving Welch, Belinda Hamilton, and victim J.G.; Welch allegedly used a glass vase against J.G. during a dispute.
- Forensic testing showed Welch's fingerprints on glass fragments from the scene; Welch was treated at a hospital for injuries.
- Welch, African-American, argued on appeal that the circuit court erred in denying his Batson v. Kentucky motion alleging racial discrimination in juror strikes.
- The record on appeal was incomplete: the master jury list and strike details by name were not in the record, only strike numbers were referenced.
- The majority affirmed Welch’s conviction, holding the State’s explanations for peremptory strikes race-neutral and based on a mistaken belief, with deference to the trial court’s credibility determinations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Batson challenge sufficiency on record | Welch argues the record is silent on juror identities and race, showing intentional discrimination. | State contends reasons for strikes were race-neutral and supported by a mistaken-belief explanation; no reversible error. | No reversible error; Batson claim denied. |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (U.S. Supreme Court, 1986) (race-neutral explanation required after prima facie showing)
- Ex parte Brown, 686 So.2d 409 (Ala. 1996) (failure to remove a similarly situated white juror did not violate Batson under mistaken-belief theory)
- Lewis v. State, 24 So.3d 480 (Ala.Crim.App. 2006) (disparate treatment based on prior-conviction considerations can be race-neutral if applied consistently with explanations)
- Yancey v. State, 813 So.2d 1 (Ala.Crim.App. 2001) (prior-criminal-history-based strikes may be race-neutral when applied uniformly)
- Fletcher v. State, 703 So.2d 432 (Ala.Crim.App. 1997) (supports comparative analysis in Batson challenges)
- Ex parte Bird, 594 So.2d 676 (Ala. 1991) (prosecutor must provide race-neutral reasons for peremptory strikes)
- Cooper v. State, 611 So.2d 460 (Ala.Crim.App. 1992) (establishes burden-shifting framework in Batson reviews)
- Hernandez v. New York, 500 U.S. 352 (U.S. Supreme Court, 1991) (demeanor and credibility are primarily trial-court concerns in assessing intent)
- Wainwright v. Witt, 469 U.S. 412 (U.S. Supreme Court, 1985) (trial court’s assessment of credibility deserves deference)