Pruitt v. State
Pruitt v. State
Opinion of the Court
¶ 1. The appellant's motion for rehearing is denied. The previous opinions are withdrawn and these opinions are substituted therefor.
¶ 2. Joe Solomon Pruitt appeals from his conviction on a charge of armed robbery in the Circuit Court of Monroe County, Mississippi, alleging a Batson violation in the selection of the jury. Batson v. Kentucky,
¶ 4. At a four-way stop near Fulton, Mississippi, a sheriff's deputy saw the bank robbers and followed them as they entered Highway 78. Next, a state trooper spotted them on the highway and crossed the median to tail them, along with the deputy. Jones exited the highway at the next exit. He discovered the exit had no outlet, and he stopped the car beside a wooded area. The three men left the car *Page 942 and fled into the woods. After wandering around, they came across a shed next to a white house, where they hid and slept. The following day, they tried to leave in a second car, which became stuck in a ditch. They returned to the white house and asked the resident for assistance. The resident's son was attempting to free the vehicle when law enforcement officers arrived at the house and surrounded it. The bank robbers surrendered. Some of the stolen cash was found hidden inside a couch in the house where the robbers were apprehended.
¶ 6. Pruitt's only issue raised on appeal is a challenge to the sufficiency of the State's race-neutral reasons for peremptorily striking three African-American members of the venire. After the circuit court struck some members of the venire for cause and held a brief discussion about the number of peremptory strikes available to each side, the court stated the following: "If you will, I will be in chambers. As soon as you get a jury selected, I want to — I want to seat the jury promptly at twelve o'clock, noon." The court then recessed.
¶ 7. After the recess, the court came back on the record with the question, "All right. Do we have a jury yet?" Pruitt immediately raised a Batson challenge, stating that the State had struck three African-Americans on the first panel of the venire: jurors 1, 2 and 14. Batson,
[T]hat the . . . there is not a — or was not a pattern of discrimination by the State in Striking Jurors 1, 2, and 14. . . . There is no pattern of discrimination established to even require the State to give race-neutral reasons. However, they have given what the Court considers race-neutral reasons for these strikes. The Court does not see these reasons as pre-textual, not race-based. . . . So the defendant's motion is overruled.
The jury consisted of five white males, two white females, one African-American male, three African-American females, and one female juror whose race was not identified for the record. Two white males served as alternates.
¶ 8. This Court reviews a trial court's ruling on aBatson challenge with great deference and will not overturn the trial court's ruling unless it is clearly erroneous or against the overwhelming weight of the evidence.Flowers v. State,
¶ 9. Pruitt argues the State's reasons for striking the three jurors were pretexts for racial discrimination. The State responds by arguing the reasons are immaterial because the trial court ruled Pruitt failed to make a prima facie showing of purposeful discrimination. In the alternative, the State argues the reasons offered by the prosecutors are race-neutral and demonstrate no pretext for racial discrimination. We will examine each of the State's arguments.
¶ 10. This Court must first determine whether the issue of Pruitt establishing a prima facie case was dispositive. InHernandez v. New York, a plurality opinion, the United States Supreme Court considered "the proper application ofBatson." Hernandez,
Hernandez,[o]nce a prosecutor has offered a race-neutral explanation for the peremptory challenges and the trial court has ruled on the ultimate question of intentional discrimination, the preliminary issue of whether the defendant had made a prima facie showing becomes moot.
¶ 11. The State argues that Hernandez is inapplicable to the case at hand because in Hernandez, the trial court never ruled on whether the defendant had established a prima facie case. In the case at hand, the trial court did rule that Pruitt had not established a prima facie case. While this distinction is accurate, it does not renderHernandez inapplicable. Under the same facts as the case at hand, this Court has either effectively or explicitly followed the Hernandez procedure.
¶ 12. In Foster v. State, this Court effectively followed Hernandez. Foster,
¶ 13. In Manning v. State, this Court explicitly followed Hernandez. Manning v. State,
¶ 14. In the case at bar, the State offered a race-neutral explanation for its peremptory challenges, and the trial court ruled on the ultimate question of intentional discrimination. Therefore, in accordance with our precedent, which follows theHernandez procedure, we decline to address whether the defendant established a prima facie case and proceed to address the propriety of the trial court's ruling on the ultimate question.
¶ 15. Pruitt raised a Batson challenge, questioning three strikes exercised by the State. The State offered reasons for each strike. The State explained that it struck juror number one because her jury form indicated that she had short-term employment, lived in a high-crime area, was a single mother, and according to one of the law enforcement officers, had a relative who had been prosecuted in that county. The State struck juror number two based on information from one of the law enforcement officers that this juror had a relative who had been recently prosecuted. The State struck juror number fourteen because she had short-term employment and one of the law enforcement officers informed the prosecutor that the State had prosecuted two of the juror's relatives. The State also noted that it tendered four African-American jurors.
¶ 16. Pruitt argued that the State's reasons included several of the five indicia of pretext this Court listed inLynch v. State,
Id. Pruitt argued that no juror was questioned at voir dire about the characteristic for which she was struck. Pruitt also argued that there is a lack of record support for whether the State examined the officers' allegations that these jurors were related to individuals formerly prosecuted in that county. Finally, Pruitt argued that living in a high-crime area was a group-based trait. *Page 945(1) disparate treatment, that is, the presence of unchallenged jurors of the opposite race who share the characteristic given as the basis for the challenge; (2) the failure to voir dire as to the characteristic cited; . . . (3) the characteristic cited is unrelated to the facts of the case; (4) lack of record support for the stated reason; and (5) group-based traits.
¶ 17. As the State asserts, each of its reasons previously has been held by this Court to be race-neutral. Reasons this Court has accepted as race-neutral include being single with children, having short-term employment, and having a friend or family member charged with a crime. Magee v. State,
¶ 18. Concerning the issue of whether a juror living in a high-crime area is pretext, precedent holding this as a race-neutral reason previously has been sufficient to affirm the trial court's decision. Baldwin v. State,
¶ 19. With regard to Pruitt's argument that the record lacked support that the jurors were related to persons prosecuted by the county, this Court has held that "[a]lthough lack of record support is one indication of pretext . . . the basis for the prosecutor's strike need not be in the record."Manning v. State,
Snow v. State,[w]e decline to set any limits on the prosecutor's use of any legitimate informational source heretofore or hereafter available as to jurors. Furthermore, the prosecutor does not have to question a juror in open court about such information before using it as a racially neutral ground to make a peremptory strike, as long as the source of the information and the practice itself are not racially discriminatory.
¶ 20. Relying on Hatten v. State,
¶ 21. Moreover, in Burnett v. Fulton, this Court held that "[t]he trial judge was not required to state on-the-record `specific explanations' for accepting race-neutral reasons for striking a juror." Burnett,
Burnett,[w]here a trial judge fails to elucidate such a specific explanation for each race-neutral reason given, we will not remand the case for that Batson-related purpose alone. This Court is fully capable of balancing the Batson factors in cases such as this one. Continued remand of such cases only wastes the trial court's *Page 947 limited resources and acts to further delay justice.
¶ 22. As this Court has recognized the reasons given for striking each of these venire members as a race-neutral explanation, we find no clear error in the trial court's ruling. See Baldwin,
¶ 23. As an addendum to this opinion, we must take exception to the trial court's actions in directing the lawyers to select the jury outside its presence. The fact that the peremptory strikes portion of the jury selection was not held on the record posed significant problems in consideration of this appeal. According to the rules for circuit court, "Constitutional challenges to the use of peremptory challenges shall be made at the time each panel is tendered." URCCC 4.05B. The application of this rule requires, at the time the peremptory strikes are made, the presence of the judge to rule on any challenge, and the court reporter to record the arguments and rulings.
¶ 25. CONVICTION OF ARMED ROBBERY AND SENTENCE OFTHIRTY-FIVE (35) YEARS, WITH FIVE (5) YEARS SUSPENDED, WITHCONDITIONS, IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OFCORRECTIONS, AFFIRMED. THE APPELLANT SHALL BE PLACED UNDERPOST-RELEASE SUPERVISION UPON RELEASE FROM THE TERM OFINCARCERATION FOR A PERIOD OF FIVE (5) YEARS.
SMITH, C.J., EASLEY, CARLSON, DICKINSON, RANDOLPH AND LAMAR, JJ., CONCUR. DIAZ, P.J., DISSENTS WITH SEPARATE WRITTEN OPINION JOINED BY GRAVES, J.
The dissent quotes the Supreme Court's note that "deference isespecially appropriate where a trial judge has made a finding that an attorney credibly relied on demeanor in exercising a strike." Id. (emphasis added). From this narrow statement, there is no inference that the Supreme Court was prohibiting or even discouraging deference in all
cases in which the trial court fails to make specific findings for each proffered reason. In fact, the Supreme Court reiterates its position that "in the absence of exceptional circumstances, we would defer to [the trial court]."Id. at 1208 (citing Hernandez,
Dissenting Opinion
¶ 26. Because the trial court erred in overruling Pruitt's Batson challenge with respect to two African-American prospective jurors and committed reversible error by not making an on-the-record factual determination of whether the State's proffered reasons were non-pretextual, I dissent.
¶ 27. The State's race-neutral reasons for striking Juror Number 14, Mary Louise McMillan, were that she had a history of short-term employment and that she was related to individuals who had *Page 948
been prosecuted. Regarding the State's first reason for striking McMillan, two indicia of pretext are present in the record. First, the State accepted two white jurors who indicated on their juror cards that they had been employed by their present employer for six weeks and one year, respectively, but struck McMillan, who indicated on her juror card that she had been employed by her present employer for six months. Mack v. State,
¶ 28. As for the State's second reason for striking McMillan, there are also two indicia of pretext. First, the State did not question McMillan about her alleged relationship with individuals who had allegedly been prosecuted. Second, the record reflects that the State obtained this information about McMillan from a law enforcement officer; the assistant district attorney stated that he had "concerns via Officer Shumpert, that [McMillan] [wa]s related to persons that have been prosecuted."
¶ 29. The State also struck Juror Number 2, Tracy Lagrone, because the prosecutor had been told by a law enforcement officer that she was possibly related to an individual who had been prosecuted by the same district attorney's office. The State's explanation of the reason for striking Lagrone was as follows:
Tracy Lagrone, once again, one of the law enforcement officers expressed concern that she is related to one of our supervisors here whose son we have prosecuted in the very recent past. . . . In any event, the reason that we made that strike was because of concern that she was related to the supervisor whose son we had prosecuted.
Despite having "concerns" about McMillan and Lagrone being related to individuals who had been prosecuted, the State never directly asked McMillan or Lagrone during voir dire whether they were related to such individuals.5 Accordingly, the State failed to conduct voir dire as to McMillan's and Lagrone's alleged relationships to these unidentified individuals who had allegedly been prosecuted. SeeMack,
¶ 30. Of course, these two indicia of pretext must be "viewed . . . in light of the relative strength of the prima facie case of discrimination." Id. Even though Pruitt's prima facie case is not strong, I conclude that the trial court clearly erred in overruling Pruitt'sBatson challenges to the strikes of McMillan and Lagrone. The State did not examine McMillan or Lagrone about their alleged relationships to individuals who had allegedly been prosecuted, give them an opportunity to respond to these allegations, or produce any evidence of such relationships. Moreover, the State did not provide this information to Pruitt's attorney prior to or during voir dire, which prevented his attorney from evaluating the veracity of these allegations. The cumulative effect of all of this necessitates a finding that the trial court's ruling that this explanation for the strikes of McMillan and Lagrone was not a pretext for racial discrimination was Batson error. See Howell v.State,
¶ 31. The trial court also committed reversible error, in my judgment, by not making any factual findings regarding the race-neutral reasons proffered by the State for striking McMillan and Lagrone. This Court has held that when considering a Batson challenge, a trial court must "make an on-the-record, factual determination, of the merits of the reasons cited by the State for its use of peremptory challenges against potential jurors." Hatten v. State,
¶ 32. The majority essentially argues that the trial court was not required to make any findings of fact regarding the State's race-neutral reasons for its strikes against African-American venirepersons. *Page 950
The only case it can cite in support of its argument isBurnett v. Fulton,
¶ 33. A trial court certainly does not "need [to] make detailed findings addressing all the evidence before it."Miller-El v. Cockrell,
[T]hey have given what the Court considers race-neutral reasons for these strikes. The Court does not see these reasons as pre-textual, not race-based. Therefore, jurors, as I understand it, of the African-American race that were tendered by the State; Jurors 4, Ethel Lee Haynes; Juror 9, Barbara Michelle McDonald; Juror 12, Tommy L. Griffin, and Juror 15, Shirley Ann Braylock. So the defendant's motion is overruled.
Clearly, the trial court did not give a "clear and reasonably specific" explanation of its ruling with respect to the strikes of McMillan and Lagrone; indeed, the court's ruling is based on nothing more than its ipse dixit. Unlike the trial court in Hotten, it "merely accept[ed] the specific reasons given by the prosecution at face value, . . . [instead of] consider[ing] whether they were contrived."Hatten,
¶ 34. "Hatten does not require literal truth in the reason proffered. It only requires that there be some basis in fact sufficient to allow the court to make a reasonable judgment that it is not contrived." Snow v. State,
Bravmer v. State,While we do not hold today that our trial judges should conduct a "mini-hearing" within a Batson hearing each time a peremptory challenge is exercised based on information gained from outside sources, we do depend on the trial courts to exercise caution to ensure that peremptory challenges based on information from outside sources is credible and supported by on-the-record factual findings to this effect and that a complete record is made on this issue. If in doubt about the validity of outside information, the trial court should do what is necessary to ensure the proposed reasons are non-pretextual. This may include questioning the outside source on the record.
¶ 35. For the foregoing reasons, I would reverse the judgment of the trial court and remand this case for a new trial.
GRAVES, J., JOINS THIS OPINION.
Allowing the State to present uncorroborated facts and information to the court in support of its peremptory challenge of black jurors after the voir dire process has been completed denies [the defendant] the basic fairness guaranteed under the Constitution and rewards the State for failure to ask any relevant questions of [the stricken venire-persons].Id. at 767-68 (emphasis in original). I also agree with Justice Graves that there should be a "require[ment] [that] the party attempting to exercise the peremptory strike . . . question the person who is the object of that strike, before it may challenge them." Id. at 768.
Reference
- Full Case Name
- Joe Solomon Pruitt v. State of Mississippi on Motion for Rehearing.
- Cited By
- 43 cases
- Status
- Published