Burnett v. Fulton


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Docket Number: 2000-CA-01241-SCT
Supreme Court: Opinion Link
Opinion Date: 09-18-2003
Opinion Author: Smith, P.J.
Holding: Affirmed
Additional Case Information: Topic: Medical malpractice - Peremptory challenges
Judge(s) Concurring: Pittman, C.J., Waller, Cobb and Carlson, JJ.
Non Participating Judge(s): Diaz and Graves, JJ.
Dissenting Author : Easley, J.
Dissenting Author : McRae, P.J.
Procedural History: Jury Trial
Nature of the Case: CIVIL - MEDICAL MALPRACTICE
Trial Court: Date of Trial Judgment: 03-23-2000
Appealed from: Hinds County Circuit Court
Judge: James E. Graves, Jr.
Disposition: The jury returned a verdict for the Appellee.
Case Number: 251-97-1231-CIV
Note: EASLEY, J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION.
  Party Name: Attorney Name:  
Appellant: Kathy Burnett and Phillip Burnett




 JOHN F. HAWKINS STEVEN MARK WANN



  
Appellee: Dr. Lori Fulton JIMMY B. WILKINS MILDRED M. MORRIS SUSAN LATHAM STEFFEY  
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Topic: Medical malpractice - Peremptory challenges
Summary of the Facts: Kathy and Phillip Burnett filed a medical malpractice action against Dr. Lori Fulton alleging medical malpractice. The jury found for Dr. Fulton. The Burnetts appeal.
Summary of Opinion Analysis: The Burnetts argue that Dr. Fulton improperly used her peremptory challenges. When a party challenges the use of a peremptory challenge, the defendant must make a prima facie showing that the challenge has been exercised on the basis of race. The prosecution is then required to offer a race- neutral basis for striking the juror in question. The court must then determine whether the defendant has shown purposeful discrimination. Inattentiveness, demeanor, sleeping during voir dire, lack of eye contact, educational level and hostility have all been held to be race neutral reasons. Dr. Fulton’s reasons included hostility, inattentiveness, sleeping, lack of eye contact, and educational background. In addition, the Burnetts did not rebut these reasons in spite of the fact that they were clearly given the opportunity to do so.


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