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Pryor v. Hoskins9/11/2002
y sang." (Tr. 56). The truckers' counsel asked whether Ivy sang "in the choir as well," but the transcript shows that the answer was inaudible. (Tr. 57). Then Ivy agreed that she would call herself a "social acquaintance " of Hoskins' daughters. (Tr. 57). Finally, the truckers' counsel asked Ivy whether her familiarity and social acquaintance with Hoskins' two daughters would affect her "ability to fairly listen to the evidence and rule with regard to [the truckers.]" (Tr. 72). Ivy answered, "No."
In a conference with the trial court, out of the presence of the jury, the truckers' counsel sought to exercise two peremptory strikes, for Diane Bumpus and Deborah Ivy. Hoskins' counsel objected to the striking of "both of the black members of this panel." (Tr. 75). The truckers' counsel asserted the strikes "had nothing to do with race whatsoever," id., and proceeded to explain why he sought to strike Ms. Bumpus. Thereafter, the truckers' counsel explained his reasoning for wanting to strike Ivy:
With regard to Ms. Ivy, you will recall that she stated in response to [Hoskins' counsel]'s questions that she had had situations where truck drivers had ran her off the road. We believe that that might be an experience that she's had with truck drivers that could be used against our clients. She also said truck drivers are not my favorite, and I think that's nearly a quote from what she said. Again, with our, the Defendant being in the trucking industry, we think that could be held against her. Of course, and perhaps the most obviously, she is acquainted, in fact, sang in the same church choir with Ms. Hoskins' daughters. We believe that that sort of social relationship could be used against us. Finally, Ms. Ivy, by way of her juror questionnaire, states that she is very involved in a lot of church activities, as is Ms. Hoskins, and we're concerned that she might quickly identify with Ms. Hoskins, develop a relationship with her by virtue of this trial, and therefore use that potentially to sway her view in favor of Ms. Hoskins and against the Defendants. For these reasons, we again take the position that the striking was not due upon race, but for other very legitimate reasons, and we're exercising the wide discretion that we have with preemptory strikes. (Tr. 77).
Hoskins' counsel then argued to the trial court that Ivy had indicated she could be fair and opined that the strike of Ivy would be "race-based." (Tr. 78). The trial court stated that it was "not satisfied with the explanations given" for striking Ivy, and that the Ivy peremptory challenge would "not be upheld. She'll remain." (Tr. 79).
The truckers maintain that the trial court erred in sustaining Hoskins' objection to their attempt to use a peremptory challenge and strike Ivy after the truckers had provided an adequate race-neutral reason for the strike. In her response, and at oral argument, Hoskins concedes that the truckers' reasons about (1) Ivy's negative experiences with and attitude toward truckers, and (2) Ivy's acquaintance with Hoskins' daughters at her church were race-neutral reasons; but Hoskins asserts that the third reason - about Ivy's involvement in church activities such that she "might quickly identify with Ms. Hoskins, develop a relationship with her by virtue of this trial," (Tr. 77), -- "is not race-neutral." Hoskins' Br. at 23 (bold in original). Therefore, Hoskins continues, the trial court did not commit error by denying the truckers' attempt to exercise its peremptory challenge to strike Ivy.
Several considerations apply here in resolving this issue. First, we note the nature of the peremptory challenge itself. The use of a peremptory challenge was created by statute and ha
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