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Court Error – Prosecutor Strike of Juror

By: Derek Hawkins//September 2, 2015//

Court Error – Prosecutor Strike of Juror

By: Derek Hawkins//September 2, 2015//

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Criminal

WI Court of Appeals – District I

Officials:  Curley, P.J., Kessler and Brennan, JJ.

Court Error – Prosecutor Strike of Juror

2014AP1120-CR State of Wisconsin v. Courtney J. James

Courtney J. James appeals from a judgment of conviction entered after a jury found him guilty of one count of first-degree reckless homicide and one count of first-degree recklessly endangering safety, both with use of a dangerous weapon and as a party to the crime. See WIS. STAT.§§ 940.02(1), 941.30(1), 939.63(1)(b) & 939.05 (2013-14).1 He contends that the trial court erred when it concluded that the prosecutor’s peremptory strike of Juror 14, an African-American male, was not a violation of Batson v. Kentucky, 476 U.S. 79 (1986), because: (1) the pattern of all of the prosecutor’s strikes was sufficient to create an inference of discriminatory intent; (2) the prosecutor’s proffered reason for striking Juror 14—that is, the juror’s reaction to several questions—was not supported by the record; and (3) the trial court erred in concluding that James failed to prove purposeful racial discrimination. The State responds that the trial court properly analyzed the Batson claim and that the court’s conclusion that the prosecutor’s strike of Juror 14 was not purposeful racial discrimination was not clearly erroneous and should be affirmed. We agree with the State.

Decision

Affirmed

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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