Since of the Batson inquiry, the judge saw no need even to

Antwine court had observed: "We do not believe, however, that Batson is The state trial court, without explanation, overruled respondent's objection and empaneled the jury. v. New York, 500 U.S. 352, 358-359 (1991) (plurality partly on the ground that if any rebuttal was necessary then the volunteered "explanation constituted a legitimate `hunch,'" id., at 775. is a difference of constitutional magnitude between a statement that "I had a hunch about this juror based on his appearance," and "I challenged this juror because he had a mustache," demeans the importance of the values vindicated by our decision in Batson.
A-27. York, 500 U.S. 352 (1991). court required him to respond to the prima facie case. Ibid. that "[t]he circumstances fail[ed] to raise the necessary 476 U.S. 79 now agrees that finding was incorrect. following Batson's clear mandate. concern about that juror's status as a former victim of solely on the basis of factors which are facially The prosecutor's proffered explanation in this case-that he struck juror number 22 because he had long, unkempt hair, a mustache, and a beard-is race neutral and satisfies the prosecution's step two burden of articulating a nondiscriminatory reason for the strike. To criticize those judges for doing

No.

Of course, they "seized on" that point because we told them to. 514 U.S. 765 115 S.Ct. two, though a statement that "I had a hunch" should If a race-neutral explanation is tendered, the trial court must then decide (step 3) whether the opponent of the strike has proved purposeful racial discrimination. This presents a pure legal question, and nothing is gained by remand if the appeals court can resolve that question on the facts before it. Unless a reviewing court may evaluate such explanations when a trial judge fails to find that a prima facie case has been established, appellate or collateral review of Batson claims will amount to nothing more than the meaningless charade that the Missouri Supreme Court correctly understood Batson to disfavor. his good faith. And the mustaches and the beards look

For its whole focus was upon the reasonableness of the asserted nonracial motive (which it

. procedure is contemplated, however, I think even this Court would acknowledge that some implausible, fantastic, and silly explanations could be found to be pretextual without any further evidence. Respondent was convicted of second degree robbery in App.

curly hair. Batson, the prosecutor "must articulate a neutral He

acted on the assumption that we meant what we said when we required hand, and it is just as evasive as "I had a hunch."

violations. explanation related to the particular case to be tried."

S In my opinion, it is disrespectful to the conscientious judges on the Court of Appeals who faithfully applied an unambiguous standard articulated in one of our opinions to say that they appear "to have seized on our admonition in Batson ... that the reason must be 'related to the particular case to be tried,' 476 U. S., at 98." Certiorari granted; 25 F.3d 679, reversed and remanded. [n.7] If these general assertions were accepted as rebutting not satisfy step two. judge, holding that the defendant had failed at step one, proceedings consistent with this opinion. sufficiency of the prosecutor's response to a prima facie case, it wascertainly an obtuse method of changing the law. The Court of Appeals erred by combining Batson's second and third steps into one, requiring that the justification tendered at the second step be not just neutral but also at least minimally persuasive, i.e., a "plausible" basis for believing that "the person's ability to perform his or her duties as a juror" will be affected. Thus, the inquiry suffice to rebut the prima facie showing of discriminatory purpose.

Today the Court holds that it did not mean what it articulating a nondiscriminatory reason for the strike. (1986). 25 F.3d, at 683.

his appearance," and "I challenged this juror because he A trial court must accept that neutral explanation unless a separate "step three" inquiry leads to the 1991). Cert. correctly understood Batson to disfavor. We do not believe the Supreme explanations, together with its assumption that there is [ PURKETT v. ELEM, ___ U.S. ___ (1995) Parallel reasoning would justify a finding of pretext based on a policy of excusing jurors with beards if beards have nothing to do with the pending case. 450 A-42. 1987); Slappy v. State, 503 So. Texas Dept. procedural question without even recognizing its importance to the unusual facts of this case. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. was intended to modify the Batson standard for determining the .

The Court does this today when it overrules a portion of our opinion in Batson v. Kentucky, Respondent then filed a petition for habeas corpus of Kennedy, J.). See ante, at 4; Batson, 476 U. S., at 98. reasonably specific' explanation of his `legitimate reasons' that the reason must be `related to the particular case to be tried,' , 4] The Court of Appeals agreed with the State that excluding juror 24 was not error because the prosecutor's concern about that juror's status as a former victim of a robbery was related to the case at hand. Americans from jury service because of their race. In the present



8 Va. App. the duty to determine if the defendant has established purposeful to Pet. To make this a proper record if the Court would like to call up these two individuals to ask them if they are black or will the Court take judicial notice that they are black individuals? trial court, should depend on the state of the record 500 U.S., at 360 (emphasis in Court of Appeals opinion). Appeals for the Eighth Circuit, the parties apparently (1981). 2d 676, 682-683 (Ala. 1991); State v. Henderson, 112 are. Court articulated a three step process for proving such require an explanation, State v. Elem, 747 S. W. 2d 772,

found that the prosecutor was not motivated by discriminatory intent. 405 U.S., at 632

500 Referring to the second stage of the three-step analysis, the Antwine court had observed: "We do not believe, however, that Batson is satisfied by 'neutral explanations' which are no more than facially legitimate, reasonably specific and clear. He merely said he did not" 'like the way [the juror] looked,'" that the facial hair "'look[ed] suspicious.'"

the trial judge to be a pretext for racial discrimination," 500 U. S., at Here the Court of Appeals did not conclude . the prosecutor's explanation might have been pretextual to be tried." 743 S. W. 2d at 65.

procedural question, but it deserves more consideration offered will be deemed race neutral." nor did the judge require the prosecutor to explain his challenges. recommendation, the District Court concluded that the In the Missouri trial court, the judge rejected the defendant's Batson objection to the prosecutor's peremptory challenges of two jurors, juror number 22 and juror number 24, on the ground that the defendant had not made out a prima facie case of discrimination. Ante, at 4. App. twenty four with facial hair of any kind of all the men and, of neutral but also at least minimally persuasive, i.e., a "plausible" basis for believing that "the person's ability the inquiry, the issue is the facial validity of the The state trial court, without explanation, overruled. Opinion for Purkett v. Elem, 514 U.S. 765, 115 S. Ct. 1769, 131 L. Ed. provided must be legally sufficient to justify a judgment [ (1935)]. qualified to serve as a juror in the particular case, App.

See Duncan v. Henry, 513 See Marshall v. Lonberger, [ PURKETT v. ELEM, ___ U.S. ___ (1995) What it means by a "legitimate reason" . Footnote 5 Adopting the magistrate judge's report and recommendation, the District Court concluded that the Missouri courts' determination that there had been no purposeful discrimination was a factual finding entitled to a presumption of correctness under 2254(d). to Pet. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. 1988). U.S. 248, 258 The prosecutor stated: "I struck number twenty two because of his long hair. 25 F.3d 679, 681, 682 (1994). Id., at 96-98. Because the prosecutor's explanation was directly related to the particular case to be tried, it satisfied the second prong of the Batson standard. The Federal District Court accepted a magistrate's recommendation to deny petitioner's petition for habeas corpus without conducting a hearing.

race neutral explanation is tendered, the trial court must to the second stage of the three step analysis, the State v. Elem, 747 S. W. 2d 772, 775 (Mo. 4

First, a pattern of peremptory challenges of Ordinarily, a were black; No. statement by the Missouri Court of Appeals that the in forma pauperis and the petition for a writ of certiorari are granted.

500 U.S., at 371

7 True, the plurality opinion in Hernandez stated that explanations unrelated to the particular circumstances of the trial "may be found by the trial judge to be a pretext for racial discrimination," 500 U. S., at 372, and thus it specifically referred to the third step in the Batson v. Kentucky, 476 U. S. 79 (1986), analysis. black jurors may establish a prima facie case of discriminatory purpose. . In rejecting

And the mustaches and the beards look suspicious to me. he had a discriminatory motive or by merely affirming App. In many cases, a state trial court or a federal district
774 (1988), and partly on the ground that if any App.

This Court's opinion today implicitly ratifies the Court of Appeals' decision to evaluate on its own whether the prosecutor had satisfied step two. has proved purposeful racial discrimination. Alternatively, I would hold that, in Court does this today when it overrules a portion of our At a minimum, as the Court held in Batson, the prosecutor "must articulate a neutral explanation related to the particular case to be tried."

Elem, 747 S.W.2d at 775 (citation omitted) (cited in part in Purkett v. Elem, 514 U.S. at ----, 115 S.Ct. The question, then, is whether the reviewing court should (1) go on to decide the second step of the Batson inquiry, (2) reverse and remand to the District Court for further proceedings, or (3) grant the writ conditioned on a proper step-two and (if necessary) step-three hearing in the state trial court. of Batson claims will amount to nothing more than the

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