Scott v. State
| Docket Number: | 2002-KP-00798-COA Linked Case(s): 2002-KP-00798-COA ; 2002-CT-00798-SCT ; 2002-CT-00798-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-12-2007 Opinion Author: ROBERTS, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Robbery - Batson hearing - Prima facie case of discrimination Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES AND ISHEE, JJ. Dissenting Author : CARLTON, J. Dissent Joined By : MYERS, P.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-06-2001 Appealed from: Forrest County Circuit Court Judge: Richard W. McKenzie Disposition: CONVICTED OF ROBBERY AND SENTENCED TO SERVE A TERM OF FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. Case Number: 00-172CR |
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| Note: | This judgment was later reversed by the Supreme Court on 5/15/2008. The SCT opinion may be found at: http://www.mssc.state.ms.us/Images/Opinions/CO47931.pdf | |
| Party Name: | Attorney Name: | |||
| Appellant: | JAMES WESLEY SCOTT |
JONATHAN M. FARRIS
JAMES WESLEY SCOTT (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Robbery - Batson hearing - Prima facie case of discrimination |
| Summary of the Facts: | James Scott was convicted of simple robbery. On appeal, he argued that the court erred when it overruled his Batson objection without conducting a Batson hearing. The Court of Appeals remanded the matter to the circuit court for a Batson hearing. The court found that Scott failed to demonstrate a prima facie case of discrimination in the prosecution’s use of peremptory challenges. As such, the circuit court found that it was unnecessary for the prosecution to submit race-neutral reasons for striking black members of the venire. Scott appeals. |
| Summary of Opinion Analysis: | Scott argues that the court erred in overruling his Batson objection and not requiring race-neutral reasons from the prosecution. Under Batson, a defendant may establish a prima facie case of purposeful racial discrimination in the prosecution’s use of peremptory challenges by showing that he is a member of a cognizable racial group, that the prosecutor has exercised peremptory challenges toward the elimination of veniremen of his race, and that the facts and circumstances infer that the prosecutor used his peremptory challenges for the purpose of striking minorities. In Mississippi, a defendant must make a prima facie case by showing that the State engaged in a pattern of peremptory strikes based on race. Scott, who is black, objected to the prosecution’s use of ten peremptory strikes against black jurors. The prosecution used one peremptory strike against a white juror and refrained from using its available twelfth strike. The record details actual jury selection from thirty-six specific people. Of those thirty-six people, twenty-four were white and twelve were black. During the first round of peremptory challenges, the prosecution used four challenges – three challenges against black members of the venire and one against a white member – and tendered a prospective jury made up of ten white people and two black people. Of those initial twelve, Scott accepted two black jurors and one white juror. However, Scott used peremptory challenges on the other nine members of the panel – all of whom were white. During the second round of peremptory challenges, the prosecution exercised five of its remaining eight challenges. The prosecution accepted every white member of the panel and challenged every black member. Scott accepted three of those nine white veniremen and used his last three challenges on white jurors. Because three more people were needed to complete the jury, the prosecution considered five more members of the venire. Of those five, two were black and three were white. The prosecution used two of its remaining three peremptory challenges on the only two remaining black veniremen and accepted the three remaining white veniremen. To summarize, the prosecution accepted two black jurors and twenty-two white jurors. The prosecution used approximately 91% of its challenges against black veniremen. Those statistics alone raise an inference of discrimination. Thus, Scott demonstrated a prima facie case of discrimination, and the circuit court clearly erred when it did not require race-neutral explanations by the prosecution. The case is reversed and remanded for a new trial. |
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