For the professional edge in your day-to-day practice, rely on the most timely, objective reporting on significant developments, trends, and emerging patterns in criminal law today—Criminal Law...
Nov. 21 — A prosecutor who used his peremptory challenges to strike 10 of the 11 black jurors and who marked the code letter “B” next to all the black candidates in the jury pool didn’t violate the rights of a capital murder defendant, the Alabama Supreme Court ruled Nov. 18 ( Floyd v. State , 2016 BL 384661, Ala., No. 1130527, 11/18/16 ).
The ruling is notable because the U.S. Supreme Court vacated the original finding of no bias and remanded the case back to Alabama this past July because the alleged racial animus bore a striking resemblance to the egregious violation flagged in Foster v. Chatman, No. 14-8349, 2016 BL 162869 (U.S. May 23, 2016).
The courts said that notwithstanding some factual similarities between the two cases, there wasn’t evidence of a “concerted effort to keep black prospective jurors off the jury.”
According to Christopher Anthony Floyd’s certiorari petition, the prosecutor had a documented history of racial discrimination, marked black venire members with a “B” on his strike list, then used his peremptory strikes to knock out 10 of 11 black candidates.
But the Alabama court, in an opinion by Justice Jacquelyn L. Stuart, found no discriminatory intent. It said the prosecutor marked the race of potential jurors in his notes only because the trial court had expressed a heightened concern that the parties comply with Batson v. Kentucky, 476 U.S. 79 (1986).
The court noted that prosecutor defended his strikes with the following reasons:
Floyd, who is white, was convicted in 2005 for robbing and killing a grocery store owner.
Justices Michael F. Bolin and Glenn Murdock dissented without opinion. Justices Greg Shaw and Alisa Kelli Wise recused themselves.
Randall S. Susskind, of the Equal Justice Initiative, Montgomery, Ala., represented Floyd. The Alabama Attorney General’s Office, Montgomery, represented the state.
To contact the reporter on this story: Lance J. Rogers in Washington at LRogers@bna.com
To contact the editor responsible for this story: C. Reilly Larson at email@example.com
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)