Campbell v. Louisiana
Opinion of the Court
delivered the opinion of the Court.
We must decide whether a white criminal defendant has standing to object to discrimination against black persons in the selection of grand jurors. Finding he has the requisite standing to raise equal protection and due process claims, we reverse and remand.
I
A grand jury in Evangeline Parish, Louisiana, indicted petitioner Terry Campbell on one count of second-degree
After Campbell’s first trial resulted in a mistrial, he was retried, convicted of second-degree murder, and sentenced to life in prison without possibility of parole. Campbell renewed his challenge to the grand jury foreperson selection procedures in a motion for new trial, which was denied. See id., at 1-2. The Louisiana Court of Appeal reversed, because, under our decision in Powers v. Ohio, 499 U. S. 400 (1991), Campbell had standing to object to the alleged discrimination even though he is white. 651 So. 2d 412 (1995). The Court of Appeal remanded the ease for an evidentiary hearing because it found Campbell’s evidence of discrimination inadequate. Id., at 413.
The Louisiana Supreme Court reversed. It distinguished Powers as turning on the “considerable and substantial impact” that a prosecutor’s discriminatory use of peremptory challenges has on a defendant’s trial as well as on the integrity of the judicial system. See 661 So. 2d 1321, 1324 (1995). The court declined to extend Powers to a claim of discrimination in the selection of a grand jury foreperson. It also found Hobby v. United States, 468 U. S. 339 (1984), did not
II
As an initial matter, we note Campbell complains about more than discrimination in the selection of his grand jury foreperson; he alleges that discrimination shaped the composition of the grand jury itself. In the federal system and in most States which use grand juries, the foreperson is selected from the ranks of the already seated grand jurors. See 1 S. Beale, W. Bryson, J. Felman, & M. Elston, Grand Jury Law and Practice §4:6, pp. 4-20 to 4-21 (2d ed. 1997) (either the judge selects the foreperson or fellow grand jurors elect him or her). Under those systems, the title “foreperson” is bestowed on one of the existing grand jurors without any change in the grand jury’s composition. In Louisiana, by contrast, the judge selects the foreperson from the grand jury venire before the remaining members of the grand jury have been chosen by lot. La. Code Crim. Proc.
r-H HH J — I
Standing to litigate often turns on imprecise distinctions and requires difficult line-drawing. On occasion, however, we can ascertain standing with relative ease by applying rules established in prior cases. See Allen v. Wright, 468 U. S. 787, 751 (1984). Campbell’s equal protection claim is such an instance.
In Powers v. Ohio, supra, we found a white defendant had standing to challenge racial discrimination against black persons in the use of peremptory challenges. We determined the defendant himself could raise the equal protection rights of the excluded jurors. Recognizing our general reluctance to permit a litigant to assert the rights of a third party, we found three preconditions had been satisfied: (1) the defendant suffered an “injury in fact”; (2) he had a “close relationship” to the excluded jurors; and (3) there was some hindrance to the excluded jurors asserting their own rights. Powers, supra, at 411 (citing Singleton v. Wulff, 428 U. S. 106 (1976)). We concluded a white defendant suffers a serious injury in fact because discrimination at the voir dire stage “‘easts doubt on the integrity of the judicial process’ ... and places the fairness of a criminal proceeding in doubt.” 499 U. S., at 411. This cloud of doubt deprives the defendant of the certainty that a verdict in his case “is given in accordance with the law by persons who are fair.” Id., at 413.
Although Campbell challenges discriminatory selection of grand jurors, rather than petit jurors, Powers' reasoning applies to this case on the question of standing. Our prior cases have not decided whether a white defendant’s own equal protection rights are violated when the composition of his grand jury is tainted by discrimination against black persons. We do not need to address this issue because Campbell seeks to assert the well-established equal protection rights of black persons not to be excluded from grand jury service on the basis of their race. See Tr. 9 (Dec. 2, 1993); see also Carter v. Jury Comm’n of Greene Cty., 396 U. S. 320, 329-330 (1970) (racial exclusion of prospective grand and petit jurors violates their constitutional rights). Campbell satisfies the three preconditions for third-party standing outlined in Powers.
Regardless of his or her skin color, the accused suffers a significant injury in fact when the composition of the grand jury is tainted by racial discrimination. “[Discrimination on the basis of race in the selection of members of a grand jury . . . strikes at the fundamental values of our judicial system” because the grand jury is a central component of the criminal justice process. Rose v. Mitchell, 443 U. S. 545, 556 (1979). The Fifth Amendment requires the Federal Gov-
Powers emphasized the harm inflicted when a prosecutor discriminates by striking racial minorities in open court and in front of the entire jury pool. The Court expressed concern that this tactic might encourage the jury to be lawless in its own actions. See 499 U. S., at 412-413. The State suggests this sort of harm is not inflicted when a single grand juror is selected based on racial prejudice because the discrimination is invisible to the grand jurors on that panel; it only becomes apparent when a pattern emerges over the course of years. See Brief for Respondent 16. This argument, however, underestimates the seriousness of the allegations. In Powers, even if the prosecutor had been motivated by racial prejudice, those responsible for the defendant’s fate, the judge and the jury, had shown no actual bias. If, by contrast, the allegations here are true, the impartiality and discretion of the judge himself would be called into question.
IV
It is axiomatic that one has standing to litigate his or her own due process rights. We need not explore the nature and extent of a defendant’s due process rights when he alleges discriminatory selection of grand jurors, and confine our holding to his standing to raise the issue. Our decision in Peters v. Kiff addressed the due process question, al
The Louisiana Supreme Court erred in reading Hobby to foreclose Campbell’s standing to bring a due process challenge. 661 So. 2d, at 1324. In Hobby, we held discrimination in the selection of a federal grand jury foreperson did not infringe principles of fundamental fairness because the foreperson’s duties were “ministerial.” See Hobby, supra, at 345-346. In this case, the Louisiana Supreme Court decided a Louisiana grand jury foreperson’s duties were ministerial too, but then couched its decision in terms of Camp
The Louisiana Supreme Court was wrong on both counts. Its interpretation of Hobby is inconsistent with the implicit assumption of standing we have just noted and with our explicit reasoning in that case. In Hobby, a federal grand jury foreperson was selected from the existing grand jurors, so the decision to pick one grand juror over another, at least arguably, affected the defendant only if the foreperson was given some significant duties that he would not have had as a regular grand juror. See swpra, at 396. Against this background, the Court rejected the defendant’s claim because the ministerial role of a federal grand jury foreperson “is not such a vital one that discrimination in the appointment of an individual to that post significantly invades” due process. Hobby, supra, at 346. Campbell’s challenge is different in kind and degree because it implicates the impermissible appointment of a member of the grand jury. See supra, at 396-397. What concerns Campbell is not the foreperson’s performance of his duty to preside, but performance as a grand juror, namely, voting to charge Campbell with second-degree murder.
The significance of this distinction was acknowledged by Hobby’s discussion of a previous ease, Rose v. Mitchell, 443 U. S. 545 (1979). In Rose, we assumed relief could be granted for a constitutional challenge to discrimination in the appointment of a state grand jury foreperson. See id., at 556. Hobby distinguished Rose in part because it involved Tennessee’s grand jury system. Under the Tennessee law then in effect, 12 members of the grand jury were selected at random, and then the judge appointed a 13th member who also served as foreperson. See Hobby, 468 U. S., at 347. As a result, Hobby pointed out discrimination in selection of the foreperson in Tennessee was much more serious than in the federal system because the former can affect the composition of the grand jury whereas the latter cannot: “So
V
One of the questions raised on certiorari is whether Campbell also has standing to raise a fair-cross-section claim. It appears neither the Louisiana Supreme Court nor the Louisiana Court of Appeal discussed this contention. “With 'very rare exceptions,’... we will not consider a petitioner’s federal claim unless it was either addressed by or properly presented to the state court that rendered the decision we have been asked to review.” Adams v. Robertson, 520 U. S. 83, 86 (1997) (per curiam). Campbell has made no effort to meet his burden of showing this issue was properly presented to the Louisiana appellate courts, even after the State pointed out this omission before this Court. See Brief for Respondent 29-30. In fact, Campbell devotes no more than one page of text in his brief to his fair-eross-seetion claim. See Brief for Petitioner 31-32. We decline to address the issue.
The judgment of the Louisiana Supreme Court is reversed. The case is remanded for further proceedings not inconsistent with this opinion.
It is so ordered.
Concurring in Part
with whom Justice Scalia joins, concurring in part and dissenting in part.
I fail to understand how the rights of blacks excluded from jury service can be vindicated by letting a white murderer go free. Yet, in Powers v. Ohio, 499 U. S. 400 (1991), the Court held that a white criminal defendant had standing to challenge his criminal conviction based upon alleged violations of the equal protection rights of black prospective ju
Powers broke new ground by holding for the first time that a criminal defendant may raise an equal protection challenge to the use of peremptory strikes to exclude jurors of a different race. See id., at 422 (Scalia, J., dissenting) (explaining that Powers was inconsistent with “a vast body of clear statement” in our precedents). Recognizing that the defendant could not claim that his own equal protection rights had been denied, the Court held that the defendant had standing to assert the equal protection rights of veniremen excluded from the jury. Id., at 410-416. The Court concluded that the defendant had such “third party standing” because three criteria had been met: he had suffered an “injury in fact”; he had a “close relation” to the excluded jurors; and there was “some hindrance” to the jurors’ ability to protect their own interests. Id., at 410-411.
Powers distorted standing principles and equal protection law and should be overruled.
Powers further rested on an alleged “close relationship]” that arises between a defendant and veniremen because voir dire permits them “to establish a relation, if not a bond of trust,” that continues throughout the trial. Id., at 411, 413. According to the Court, excluded veniremen share the accused’s interest in eliminating racial discrimination because a peremptory strike inflicts upon a venireman a “profound personal humiliation heightened by its public character.” Id., at 413-414. But there was simply no basis for the Court’s finding of a “close relationship]” or “common interest,” id., at 413, between black veniremen and white defendants. Regardless of whether black veniremen wish to serve on a particular jury, they do not share the white defendant’s interest in obtaining a revei’sal of his conviction. Surely a black venireman would be dismayed to learn that a white
Finally, Powers concluded that there are substantial obstacles to suit by excluded veniremen, including the costs of proceeding individually and the difficulty of establishing a likelihood of recurrence. Id., at 414-415. These obstacles, though perhaps often present in the context of Batson v. Kentucky, 476 U. S. 79 (1986), are alone insufficient to justify third-party standing.
Even if the Powers justifications were persuasive, they would still be wholly inapplicable to this case, which involves neither peremptory strikes nor discrimination in the selection of the petit jury. The “injury in fact” allegedly present in Powers is wholly absent from the context at hand. Powers reasoned that repeated peremptory strikes of members of one race constituted an “overt wrong, often apparent to the entire jury panel,” that threatened to “cas[tj doubt over the obligation of the parties, the jury, and indeed the court to adhere to the law throughout the trial of the cause.” Powers, 499 U. S., at 412. Here, in contrast, the judge selected one member of the grand jury venire to serve as foreman, and the remaining members of the grand jury were selected at random. Even if discriminatory, the judge’s selection (rather than exclusion) of a single member of the grand jury could hardly constitute an “overt” wrong that would affect the remainder of the grand jury proceedings, much less the subsequent trial. The Court therefore resorts to emphasizing the seriousness of the allegation of racial discrimination (as though repetition conveys some talismanie power), but that, of course, cannot substitute for injury in fact.
In this case, unlike Powers, petitioner’s allegation of injury in fact is not merely unsupported; it is directly foreclosed. There is no allegation in this case that the composition of
It would be to no avail to suggest that the alleged discrimination in grand jury selection could have caused an indictment improperly to be rendered, because the petit jury’s verdict conclusively establishes that no reasonable grand jury could have failed to indict petitioner.
The Court’s finding of a close relationship (an ambient fraternity of sorts) between petitioner and the black veniremen whose rights he seeks to vindicate is likewise unsupported. The Court, of course, never identifies precisely whose rights petitioner seeks to vindicate. Is it all veniremen who were not chosen as foreman? Is it all nonwhite veniremen? All black veniremen? Or just the black veniremen who were not ultimately chosen for the grand jury? Leaving aside the fact that the Court fails to identify the rights-holders, I fail to see how a “close relationship” could have developed between petitioner and the veniremen. Even if a “bond,” Powers v. Ohio, supra, at 413, could develop between veniremen and defendants during voir dire, such a bond could not develop in the context of a judge’s selection of a grand jury foreman — a context in which the defendant plays no role. Nor can any “common interest” between a defendant and excluded veniremen arise based upon a public humiliation suffered by the latter, because unlike the exercise of peremptory strikes, Evangeline Parish’s process of selecting foremen does not constitute “overt” action against particular veniremen. Rather, those veniremen not chosen (all but one) are simply left to take their chances at being randomly selected for the remaining seats on the grand jury.
Finally, there are ample opportunities for prospective jurors whose equal protection rights have been violated to vindicate those rights, rather than relying upon a defendant of another race to do so for them. In contrast to the Batson line of eases, where an allegation may concern discrimination in the defendant’s case alone, in this case petitioner alleges systematic discrimination in the selection of grand jury foremen in Evangeline Parish. Such systematic discrimination provides a large class of potential plaintiffs and the opportu
For these reasons, I would hold that petitioner — who does not claim that he was discriminated against or that the alleged discrimination against others had any effect on the outcome of his trial — lacks standing to raise the equal protection rights of excluded black veniremen. Accordingly, I join Parts I, II, IV, and V of the Court’s opinion and concur in the judgment.
As I have explained elsewhere, the entire line of eases following Batson v. Kentucky, 476 U. S. 79 (1986) (holding that the Equal Protection Clause applies to the use of peremptory strikes), including Powers, is a misguided effort to remedy a general societal wrong by using the Constitution to regulate the traditionally discretionary exercise of peremptory challenges. The Batson doctrine, rather than helping to ensure the fairness of criminal trials, serves only to undercut that fairness by emphasizing the rights of excluded jurors at the expense of the traditional protections accorded criminal defendants of all races. See Georgia v. McCollum, 505 U. S. 42, 60-62 (1992) (Thomas, J., concurring in judgment).
Of course, the same sense of dismay would arise if the defendant and the excluded venireman were of the same race.
For this reason, it is unlikely that petitioner ultimately will prevail on the merits of his due process daim. However, I agree with the Court’s condusion that petitioner has standing to raise that daim because petitioner asserts Ms own due process right. I join Part IV of the Court’s opinion because it addresses only standing and does not address “the nature and extent” of petitioner’s due process right. Ante, at 400.
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