Walker v. State
| Docket Number: | 2005-KA-00081-COA Linked Case(s): 2005-CT-00081-SCT ; 2005-KA-00081-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-24-2006 Opinion Author: Ishee, J. Holding: REVERSED AND REMANDED |
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| Additional Case Information: |
Topic: Carjacking, Kidnapping & Attempted forcible sexual intercourse - Peremptory challenges Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis and Barnes, JJ. Non Participating Judge(s): Southwick and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-24-2004 Appealed from: Lawrence County Circuit Court Judge: Michael R. Eubanks Disposition: CONVICTED OF COUNT I, CARJACKING, COUNT II, KIDNAPPING, AND COUNT III, ATTEMPTED FORCIBLE NTERCOURSE, AND SENTENCED TO SERVE A TERM OF LIFE IMPRISONMENT FOR EACH COUNT IN THE CUSTODY OF MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH ALL OF THE SENTENCES TO RUN CONSECUTIVELY AND WITH NO ELIGIBILITY FOR PAROLE District Attorney: Claiborne McDonald Case Number: 2002K-077E |
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| Party Name: | Attorney Name: | |||
| Appellant: | Larry Walker |
EARL LINDSAY CARTER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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: | Carjacking, Kidnapping & Attempted forcible sexual intercourse - Peremptory challenges |
| Summary of the Facts: | Larry Walker was convicted of carjacking, kidnapping, and attempted forcible sexual intercourse. For each count, Walker was sentenced to serve a term of life without eligibility for parole. He appeals. |
| Summary of Opinion Analysis: | Walker, who is an African American, argues that the State violated Batson v. Kentucky, 476 U.S. 79 (1986) when it used peremptory challenges to methodically purge the jury panel of all but one African American. The State used peremptory challenges on five jurors, all of whom were African American. The race-neutral reasons included unemployment, being a victim of a crime and having dealings with the district attorney’s office, being on non-adjudication, and illiteracy. With regard to the fifth juror, the court initially included her on the jury, as it found on the record that the reasons provided by the State were not race-neutral. The court decided to allow the State to strike the juror only after another African American was added to the jury. If the trial court initially found the State’s reasons to be insufficiently race-neutral, the addition of another African American juror could not alter this conclusion. Therefore, the case is reversed and remanded for a new trial. |
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