On Point: 3. Batson issues

State v. Clifton Robinson, 2014AP1575-CR, 3/31/15, District 1 (not recommended for publication); click here for briefs and docket

The court of appeals here rejects a barrage of challenges to Robinson’s conviction for criminal damage to property and armed robbery with use of force–everything from a Batson challenge, to severance issues, to the sufficiency of evidence, to the admission of prejudicial evidence and more.

State v. Eddie Lee Anthony, 2013AP467-CR, District 1, 1/14/14; court of appeals decision (not recommended for publication), petition for review granted 8/5/14, affirmed, 2015 WI 20; case activity

Right to Testify

The trial court held that Anthony, charged with first degree intentional homicide, forfeited his right to testify based on Anthony’s “incessant” refusal to accept the trial court’s ruling that he was to answer “two” if asked about the number of his prior convictions and Anthony’s physical agitation and irrelevant rants.

State v. Karen Lynn Snow, 2012AP2323-CR, District 4, 4/4/13; court of appeals decision (1-judge, not eligible for publication); case activity

Applying the three-part, burden shifting test for Batson claims, see State v. Lamon, 2003 WI 78, ¶28, 262 Wis. 2d 747, 664 N.W.2d 607, the court of appeals concludes the circuit court erred in rejecting Snow’s objection to the prosecutor’s peremptory strike of Whiteeagle,

seventh circuit court of appeals decision

Habeas Review – Batson Claim 

The State’s pattern of peremptory strikes – at least 15, possibly 17, out of 20, directed at African-Americans – was so “disproportionate” as to “give[] rise to an inference of discrimination.” This is so, despite Harris limiting his challenges to 9 of these 17 strikes: “that does not make the pattern of strikes any less probative.” The strongly deferential nature of habeas review notwithstanding,

State v. Britney M. Langlois, 2011AP166-CR, District 4/1, 3/6/12

court of appeals decision (not recommended for publication); for Langlois: Philip J. Brehm; case activity

The court  of appeals upholds a trial court finding that the prosecutor’s explanation for striking an African-American juror (recent conviction for disorderly conduct) was non-discriminatory:

¶33      After reviewing the record, we are satisfied that the trial court properly applied the Batson test.  

MC Winston v. Boatwright, 7th Cir No. 10-1156, 8/19/11

seventh circuit court of appeals decision, denying habeas relief on review of unpublished decision in 2003AP3412 and 2005AP1255

Habeas – Jury Selection – Ineffective Assistance – Defense Counsel’s Discriminatory Use of Peremptories

In a nutshell, this case presents the question whether the constitutional rights of the petitioner, MC Winston,

Felkner v. Steven Frank Jackson, USSC No. 10-797, 3/31/11

On habeas review under 28 U.S.C. § 2254, the court of appeals failed to give sufficient deference to the state court determination that the prosecutor had race-neutral reasons for striking 2 of 3 black prospective jurors.

The prosecutor struck one juror because she had an MSW, and the prosecutor didn’t like having social workers on the jury;

7th circuit court of appeals decision

Batson Challenge

Scope of the remand inquiry for the government to proffer nonracial justification for striking a minority juror is limited to the original reason offered during voir dire, new post hoc justifications being inadmissible. Miller-El v. Dretke, 545 U.S. 231 (2005), discussed and followed:

… Accordingly, Miller-El II instructs that when ruling on a Batson challenge,

State v. George Melvin Taylor, 2004 WI App 81, PFR filed 4/13/04
For Taylor: Ellen Henak, SPD, Milwaukee Appellate

Issue/Holding:

¶18. Accordingly, we must now turn to the Batson challenge itself. Our supreme court has adopted the Batson principles and analysis. State v. Lamon, 2003 WI 78, ¶22, 262 Wis. 2d 747,

State v. Nancy R. Lamon, 2003 WI 78, affirming unpublished decision of court of appeals, affirmed on habeas review, Lamon v. Boatwright, 7th Cir No. 05-4018, 11/8/06
For Lamon: Timothy A. Provis

Issue/Holding: A trial judge is not required to make detailed findings in ruling on a Batson issue, ¶76.

Issue/Holding: That a prospective juror’s last name “is a well-known criminal name” in the locality,