Bat-son inquiry in Louisiana

2014In State v. Green, 94-0887 (La.05/22/95), 655 So.2d 272 , the Louisiana Supreme Court held that the sole focus of the Bat-son inquiry is the intent of the prosecutor at the time he exercised his peremptory strikes. 1 5See also State v. Juniors, 03-2425 (La.06/29/05), 915 So.2d 291 , cert. denied, 547 U.S. 1115 , 126 S.Ct. 1940 , 164 L.Ed.2d 669 (2006).

2014In State v. Green, 94-0887 (La.05/22/95), 655 So.2d 272 , the Louisiana Supreme Court held that the sole focus of the Bat-son inquiry is the intent of the prosecutor at the time he exercised his peremptory strikes. 1 5See also State v. Juniors, 03-2425 (La.06/29/05), 915 So.2d 291 , cert. denied, 547 U.S. 1115 , 126 S.Ct. 1940 , 164 L.Ed.2d 669 (2006).

2012Batson, 476 U.S. at 97 , 106 S.Ct. 1712 .

2012Batson, 476 U.S. at 97 , 106 S.Ct. 1712 .

2017Furthermore, when the trial judge’s statement “per se, it is not satisfied” strongly suggests she did not find that the defense had established a prima facie case of racial discrimination, especially because she prefaced this statement by noting that the prosecutor’s peremptory | ^challenges were not entirely directed at African-Americans. ‘When the district court finds the defendant failed to establish a prima facie case of discrimination (step one), the Bat-son analysis terminates; the burden of production ‘never shifts to the prosecutor to articulate neutral reasons (step two).’” Williams ,

2017Furthermore, when the trial judge’s statement “per se, it is not satisfied” strongly suggests she did not find that the defense had established a prima facie case of racial discrimination, especially because she prefaced this statement by noting that the prosecutor’s peremptory | ^challenges were not entirely directed at African-Americans. ‘When the district court finds the defendant failed to establish a prima facie case of discrimination (step one), the Bat-son analysis terminates; the burden of production ‘never shifts to the prosecutor to articulate neutral reasons (step two).’” Williams ,

2016State v. Wilson, 09-170 (La.App. 5 Cir. 11/10/09) , 28 So.3d 394 , 404 n.4, writ denied, 09-2699 (La. 6/4/10), 38 So.3d 299 (citing State v. Baker, 34,973 (La.App. 2 Cir. 9/26/01), 796 So.2d 145, 154 ).

2016State v. Wilson, 09-170 (La.App. 5 Cir. 11/10/09) , 28 So.3d 394 , 404 n.4, writ denied, 09-2699 (La. 6/4/10), 38 So.3d 299 (citing State v. Baker, 34,973 (La.App. 2 Cir. 9/26/01), 796 So.2d 145, 154 ).

2016State v. Wilson, 09-170 (La.App. 5 Cir. 11/10/09) , 28 So.3d 394 , 404 n.4, writ denied, 09-2699 (La. 6/4/10), 38 So.3d 299 (citing State v. Baker, 34,973 (La.App. 2 Cir. 9/26/01), 796 So.2d 145, 154 ).

2016The dissenting opinion also incorporated by reference the reasons the author, Justice Alito, set out in his dissenting opinion in Flowers, supra. In his dissenting opinion in Flowers , Justice Alito pointed out that Foster did not change the standards set forth in Batson “one iota.” Flowers , 579 U.S. at -, 136 S.Ct. at 2158 (Alito, J., dissenting).

2013State v. Maxwell, 11-0564, p. 5 (La.App. 4 Cir. 12/21/11), 83 So.3d 113, 118 .

2011In State v. Mamon, 26,337, pp. 16-17 (La.App. 2 Cir. 12/16/94) , 648 So.2d 1347, 1358 , writ denied, 95-0220 (La.6/2/95), 654 So.2d 1104 , the Second Circuit Court of Appeal recognized that on appellate review it had to analyze whether the reasons given after a Batson challenge really were race-neutral and whether the trial court properly assessed the weight and credibility of each explanation.

2011In State v. Mamon, 26,337, pp. 16-17 (La.App. 2 Cir. 12/16/94) , 648 So.2d 1347, 1358 , writ denied, 95-0220 (La.6/2/95), 654 So.2d 1104 , the Second Circuit Court of Appeal recognized that on appellate review it had to analyze whether the reasons given after a Batson challenge really were race-neutral and whether the trial court properly assessed the weight and credibility of each explanation.

2011Purkett v. Elem, 514 U.S. 765, 768 , 115 S.Ct. 1769, 1771 , 131 L.Ed.2d 834 (1995) (per curiam).

2011Purkett v. Elem, 514 U.S. 765, 768 , 115 S.Ct. 1769, 1771 , 131 L.Ed.2d 834 (1995) (per curiam).

2011Furthermore, because the trial judge had recently died, the option to remand for a hearing on the defendant’s showing of a prima facie case was not available; the Supreme Court explained that “without the presence and participation of the trial judge, a meaningful hearing on the issue [was] all but impossible.” Myers , 99-1803 at pp. 6-7, 761 So.2d at 502-03 .

2011In State v. Mamon, 26,337, pp. 16-17 (La.App. 2 Cir. 12/16/94) , 648 So.2d 1347, 1358 , writ denied, 95-0220 (La.6/2/95), 654 So.2d 1104 , the Second Circuit Court of Appeal recognized that on appellate review it had to analyze whether the reasons given after a Batson challenge really were race-neutral and whether the trial court properly assessed the weight and credibility of each explanation.

2011In State v. Mamon, 26,337, pp. 16-17 (La.App. 2 Cir. 12/16/94) , 648 So.2d 1347, 1358 , writ denied, 95-0220 (La.6/2/95), 654 So.2d 1104 , the Second Circuit Court of Appeal recognized that on appellate review it had to analyze whether the reasons given after a Batson challenge really were race-neutral and whether the trial court properly assessed the weight and credibility of each explanation.

1995The court of appeal found this to be a tacit finding by the trial court that the defense had met its burden of going forward, since “there would have been no need Rsfor the prosecutor to explain his challenges if the trial judge had not found a prima facie case of discrimination.” Green, supra, 634 So.2d at 509 .

1995The court of appeal found this to be a tacit finding by the trial court that the defense had met its burden of going forward, since “there would have been no need Rsfor the prosecutor to explain his challenges if the trial judge had not found a prima facie case of discrimination.” Green, supra, 634 So.2d at 509 .