Craft & Sheppard's Supreme Court Review
Batson Error
The Constitution prohibits striking a prospective juror on the basis of race. When a prosecutor in a capital case uses a preemptory to strike a black juror, Batson v. Ky., 476 U.S. 79 (1986), controls; when a defendant must make a prima facie showing that a preemptory challenge was based on race, the prosecutor must offer a race-neutral basis for the strike, and the trial judge determines whether defendant has shown purposeful discrimination. In Snyder v. La., the prosecutor used a preemptory strike for a black juror, purporting to justify the exclusion by claiming the prospective juror appeared nervous during voir dire and that due to the prospective juror’s schedule, he may choose to avoid a penalty phase and not impose a death sentence. The trial judge did not rule on the prospective juror’s demeanor. Finding the prosecutor’s rationale was pretextual, the Court ruled the strike ran afoul of Batson and reversed.
