Grady v. StateGrady v. State
Lead Opinion
Appellant, Jimmy Lee Grady, appeals judgments of conviction in two cases of aggravated sexual assault. Appellant pleaded not guilty and was tried before a jury. Appellant was found guilty in both cases and punishment assessed by the jury at life confinement and a fine of $10,000 in each case.
Appellant appeals on two points of error as follows: (1) the trial court erred in overruling appellant’s motion to discharge the jury because, during jury selection, the State used its peremptory challenges to systematically exclude blacks from serving on the jury solely on the basis of race; and (2) the trial court erred during the punishment phase when, over objection, it instructed the jury as to the existence and possible effects of the law regarding parole. We affirm.
Appellant’s first point of error asserts the State exercised its peremptory challenges to strike minorities from the jury for racial reasons. He maintains such purposeful discrimination denied him federal and state constitutional guarantees of equal protection, as well as his right to a jury drawn from a cross-section of the community under article I, section 10 of the Texas Constitution. At the trial appellant objected to the State’s use of its peremptory challenges to strike all four remaining black members of the venire. After hearing evidence and argument the trial court overruled appellant’s objection. On appeal
The exercise of peremptory challenges by the State for purely racial reasons violates the Equal Protection clause. Swain v. Alabama,
[A] defendant may establish a prima fa-cie case of purposeful discrimination in selection of the petit jury solely on evidence concerning the prosecutor’s exercise of peremptory challenges at the defendant’s trial. To establish such a case, the defendant first must show that he is a member of a cognizable racial group ... and that the prosecution has exercised peremptory challenges to remove from the venire members of the defendant’s race. Second, the defendant is entitled to rely on the fact, as to which there can be no dispute, that peremptory challenges constitute a jury selection practice that permits “those to discriminate who are of a mind to discriminate”.... Finally, the defendant must show that these facts and any other relevant circumstances raise an inference that the prosecutor used that practice to exclude the veniremen from the petit jury on account of their race. This combination of factors in the empaneling of the petit jury, as in the selection of the venire, raises the necessary inference of purposeful discrimination.
In deciding whether the defendant has made the requisite showing, the trial court should consider all relevant circumstances. For example, a “pattern” of strikes against black jurors included in the particular venire might give rise to an inference of discrimination. Similarly, the prosecutor’s questions and statements during voir dire examination and in exercising his challenges may support or refute an inference of discriminatory purpose. These examples are merely illustrative. We have confidence that trial judges, experienced in supervising voir dire, will be able to decide if the circumstances concerning the prosecutor’s use of peremptory challenges creates a prima facie case of discrimination against black jurors.
Once the defendant makes a prima facie showing, the burden shifts to the State to come forward with a neutral explanation for challenging black jurors.... [W]e emphasize that the prosecutor’s explanation need not rise to the level justifying exercise of a challenge for cause ... [b]ut the prosecutor may not rebut the defendant’s prima facie case of discrimination by stating merely that he challenged jurors of the defendant’s race on the assumption — or his intuitive judgment — that they would be partial to the defendant because of their shared race.... [T]he Equal Protection Clause ... forbids the States to strike black veniremen on the assumption that they will be biased in a particular case simply because the defendant is black ... Nor may the prosecutor rebut the defendant’s case merely by denying that he had a discriminatory motive or “affirming his good faith in individual selections ...” The prosecutor therefore must articulate a neutral explanation related to the particular case to be tried. The trial court then will have the duty to determine if the defendant has established purposeful discrimination.
Batson,
We may only reverse the trial court’s ruling if that determination is clearly erroneous. Rodgers v. State,
As a result of the trial court’s finding a prima facie case made by the appellant, the burden shifted to the State to present its racially neutral explanations, if any, for exclusion of the black veniremen. Batson,
He testified that juror number two, Mr. Turner, was struck because he was a twenty-three year old, single male who had held his current job for only one year. In addition, a member of his immediate family had been arrested for theft. Also, Mr. Turner equivocated on his ability to give the full range of punishment. He appeared reluctant to impose a life sentence in the case. Finally, Turner stated that he may have seen televised reports of the officers involved in the case.
Juror number seven, Ms. Gardner, was struck for two main reasons according to the prosecutor’s testimony. She was a forty-year old female who exhibited demeanor problems with the law of parties as well as the full range of punishment. Although the voir dire answers indicated an ability to apply the law, the prosecutor’s testimony was to the effect that her demeanor suggested to the contrary. She had had prior jury service in a civil case which resulted in a mistrial. The prosecutor testified that he traditionally avoids jurors from cases resulting in mistrials.
The prosecutor testified that he struck number fourteen, Mr. Willis, because a check of criminal records revealed that Mr. Willis had been arrested twice in the past for theft in Dallas County. The prosecutor stated he felt that since the prospective juror had been arrested twice he was not suited for jury duty in a criminal district court.
Finally, juror number thirty-two, Ms. Moore, who was a thirty-two year old female, was struck by the State because the prosecutor felt she may be more sympathetic to young defendants like herself.
As the Supreme Court has observed, following the articulation by the prosecutor of the neutral explanations related to the particular case, the trial court then will have the duty to determine if the defendant has established purposeful discrimination. In this context the trial court’s findings will largely turn on evaluation of credibility, and a reviewing court ordinarily should give those findings great deference. Batson,
Facial expressions and body english have been upheld as sufficiently neutral. Chambers v. State,
With respect to juror Willis, the two pri- or arrests provide a neutral reason for his exclusion from the jury. See Rijo v. State,
The challenge to Ms. Moore was also not clearly erroneous. The prosecutor noted her youthful appearance. Similarity of age and appearance is sufficient basis for peremptory challenge. Rodgers v. State,
In his second point of error, the appellant argues that the trial court erred during the punishment phase when, over objection, it instructed the jury as to the existence and possible effects of the law regarding parole. Appellant contends that these instructions violate the constitutional doctrine of separation of powers and also involve a denial of the appellant’s right to a fair and impartial trial by due process of law. The contentions raised by appellant in this point of error have been decided adversely to him by this Court. See Joslin v. State,
The trial court’s judgment is affirmed.
WHITHAM, J., files a concurring opinion.
Concurrence Opinion
concurring.
Without qualification, I join the majority’s opinion except its disposition of appel