Currie v. Adams
Opinion of the Court
MEMORANDUM
Aldridge Currie appeals the district court’s order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus. During jury selection prior to his state court trial Currie alleged that race motivated the prosecutor’s peremptory strikes against three African-American women in the jury venire in violation of People v. Wheeler, 22 Cal.3d 258, 148 Cal.Rptr. 890, 583 P.2d 748 (1978), the “California analogue” to Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).
Because Currie does not introduce any new evidence in federal court, but instead challenges the state court’s findings based entirely on the state court record,
In determining whether a contested peremptory challenge is racially motivated in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), a trial court must apply a three-prong analysis. See Miller-El v. Dretke, — U.S. —, ——, 125 S.Ct. 2317, 2324-25, 162 L.Ed.2d 196 (2005). First, the defendant must make a prima facie showing that the prosecutor exercised the peremptory challenge on the basis of race. Second, if the requisite showing has been made, the burden shifts to the prosecutor to articulate a race-neutral explanation for striking the juror in question. To survive step two, the prosecutor need not articulate an explanation that is persuasive or even plausible, so long as the proffered reason is race-neutral. See Purkett v. Elem, 514 U.S. 765, 768, 115 S.Ct. 1769, 131 L.Ed.2d 834 (1995) (explaining that “a ‘legitimate reason’ is not a reason that makes sense, but a reason that does not deny equal protection”). Assuming the prosecutor satisfies his relatively trivial burden of production, the trial court must then assess the prosecutor’s credibility to determine if the reason(s) he proffered genuinely motivated him to strike the juror. Id. at 768-69,115 S.Ct. 1769. At this stage in the analysis, Batson permits the defendant to rely on all relevant circumstances to challenge the prosecutor’s credibility because, as the Miller-El Court recently explained, if any facially neutral reason sufficed to answer a Batson challenge, Batson would essentially be meaningless. 125 S.Ct. at 2325.
This does not mean, as the State argues, that the prosecutor is entitled to open up the record to argue on appeal that there were other considerations, in addition to the ones he articulated at trial, that motivated his strike. To the contrary, once a defendant has established a prima facie case of purposeful discrimination, as Currie did here, the prosecutor is on notice that he “has got to state his reasons as best he can and stand or fall on the plausi
During the state trial proceeding, the prosecutor articulated only one reason for striking Juror 210, despite being prompted by the trial court for additional reasons. The prosecutor repeatedly insisted that the one and only reason he struck Juror 210 was because “she was undecided on the death penalty.” Upon questioning by the trial court, he simply opined that “there [were] other people with stronger attitudes towards the death penalty” that he would rather have on the panel.
Although the proffered reason was facially neutral, we conclude that an appellate panel could not reasonably conclude that the prosecutor was genuinely motivated by Juror 210’s position on the death penalty when he struck her from the jury. While an appellate court is not in an ideal position to assess the prosecutor’s credibility, it should “use the trial court’s findings and the evidence on the record to evaluate the support on the record for the prosecutor’s reasons and credibility, and to compare the struck and empaneled jurors”
Based on a review of the state court proceedings, it is unreasonable to conclude that the prosecutor was genuinely motivated to strike Juror 210 because of her views on the death penalty. Although Juror 210 indicated she was “undecided” on the death penalty in the questionnaire she completed prior to voir dire, on that same questionnaire she stated that she thought the death penalty was appropriate for “se
Even if we were to accept that the prosecutor genuinely believed that Juror 210 was not strong on the death penalty, a comparative analysis between Juror 210 and two members of the originally empaneled jury who actually served reveals that her position on the death penalty could not have genuinely motivated him in striking her, supporting the “conclusion that race was significant in determining who was challenged and who was not.” Id. at 2332. While it is a rare case in which a defendant is able to sustain his burden under Batson of proving that the reason proffered by the prosecutor was pretextual, comparative analysis under the facts of this case provides unusually compelling evidence of pretext, because (1) the prosecutor articulated only one justification as his motivation; (2) the proffered justification was objective; and (3) the similarly situated white male jurors, Jurors 31 and 43, were members of the original panel.
Instead, by retaining Jurors 31 and 43 the prosecutor rendered it highly unlikely that Currie would receive the death penal
Because the “striking of a single black juror for racial reasons violates the equal protection clause, even though other black jurors are seated, and even when there are valid reasons for the striking of some black jurors,” Turner, 121 F.3d at 1255 n. 4, we are required to reverse the district court.
REVERSED and REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Lewis v. Lewis, 321 F.3d 824, 827 (9th Cir. 2003). Although Currie initially brought his motions pursuant to Wheeler, “Batson’s federal constitutional standards control our disposition of this case.” Kesser v. Cambra, 392 F.3d 327, 333 (9th Cir. 2004).
. Purposeful discrimination is not limited to racial animus, but includes any attempt to remove a juror on the basis of a protected characteristic such as race or gender. See Miller-El v. Dretke, — U.S. —, —, 125 S.Ct. 2317, 2343, 162 L.Ed.2d 196 (2005) (Breyer, J., concurring) (expressing concern with the prevalence of jury selection software that analyzes prospective jurors based on protected characteristics). Here, all three African-American women in the venire were struck by the prosecutor. No matter the motivation, whenever a juror is targeted based on a protected characteristic(s), "the very in
. See Miller-El v. Dretke, — U.S. —, — n. 2, 125 S.Ct. 2317, 2326 n. 2, 162 L.Ed.2d 196 (2005) ("There can be no question that the transcript of voir dire, recording the evidence on which [Currie] bases his arguments and on which we base our result, was before the state courts.”).
. Only after surviving this intrinsic review, are the state court’s factual findings "dressed in a presumption of correctness” pursuant to § 2554(e)(1). See Taylor v. Maddox, 366 F.3d 992, 1000 (9th Cir. 2004).
. Notably, the prosecutor engaged in a comparative analysis in the state trial court proceeding when he attempted to justify his decision to strike Juror 210 by comparing her views on the death penalty with other jurors in the venire. See Burks v. Borg, 27 F.3d 1424, 1428 (9th Cir. 1994) (concluding that "the Batson issue was clearly fought along comparative lines in the trial court” where the prosecutor justified his challenges on comparative grounds).
. Contrary to the suggestion made in the dissent, in a habeas proceeding we review, and owe deference to, the last reasoned decision of the state court, which in this case was rendered by the California Court of Appeal, not the trial court. While we agree that the trial court is in a better position to evaluate the credibility of the prosecutor’s explanation, it is clearly not the law that the trial court has the last word and that its decision is not subject to review. If the trial court had other reasons to support its denial of Currie’s motion, it should have put them on the record, so that the state appellate court could have cited and relied upon them. Instead, the state appellate court provided a justification which, notably, the dissent does not try to defend, and which does not withstand scrutiny, even under the deferential standard of review.
. Although the analysis here is exceptionally clean given that the prosecutor articulated only one rationale and the similarly situated jurors were members of the original panel, a "per se rule that a defendant cannot win a Batson claim unless there is an exactly identical white juror would leave Batson inoperable; potential jurors are not products of a set of cookie cutters.” Miller-El v. Dretke, 125 S.Ct. at 2329 n. 6.
. Juror 43 explained that he "would have difficulty imposing the death penalty for most any case,” and expressed strong reservations about the appropriateness of applying the death penalty in the context of a robbery such as the one alleged here. Juror 31 expressed even stronger opposition to the death penalty, to the point of stating he did not think he could apply it under the facts of this case.
. We note that the California Court of Appeal’s determination that the prosecutor was genuinely motivated by the race neutral justifications he articulated for striking Juror 287 was not unreasonable. Unlike with Juror 210, the prosecutor articulated several race-neutral justifications that were supported by the record. Furthermore, a comparative analysis does not significantly undermine the persuasiveness of the prosecutor's proffered justifications, such that it calls into question the genuineness of his motive.
Dissenting Opinion
dissenting.
The prosecutor said that he peremptorily struck Juror 210 because he perceived there to be more favorable prospective jurors available with respect to the issue of the death penalty. The trial judge was there; he saw and heard Juror 210 and the other prospective jurors; he elicited the prosecutor’s explanation, and then he found counsel’s explanation to be credible. Now, the majority not only calls the prosecuting attorney a liar,
The exercise of peremptory strikes is not an exact science. Although a different prosecutor might have decided to keep Juror 210 and challenge someone else, the question of who to strike and who not to strike is a judgment call. The issue is not whether the prosecutor exercised his peremptory challenges wisely, but only whether he truthfully explained his subjective motivation.
Unlike Miller-El v. Dretke, — U.S. —, ——, 125 S.Ct. 2317, 2332-34, 162 L.Ed.2d 196 (2005), there is no pattern of invidious race-based challenges here. In fact, the prosecutor did not challenge a
. "Although the proffered reason was facially neutral, we conclude that an appellate panel could not reasonably conclude that the prosecutor was genuinely motivated by Juror 210’s position on the death penalty when he struck her from the juiy.” Memorandum at 5-6.
Reference
- Full Case Name
- Aldridge CURRIE, Petitioner— v. Darral G. ADAMS, Respondent—
- Cited By
- 2 cases
- Status
- Published