Legal Opinion · Dissent

Cartwright v. State

Indiana Court of Appeals

Decided June 22, 2011No. 82A01-1005-CR-214Published

1DissentVaidik, Judge

I disagree with the majority’s resolution of Cartwright’s Batson claim. I believe the trial court was warranted in finding no purposeful discrimination in the State’s exercise of its peremptory strike. I would therefore affirm the trial court’s ruling as well as its judgment of conviction.

The panelist at issue was questioned in pertinent part:

BY THE COURT: ... Okay, anyone else? Sir, in the back?

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[PANELIST]: I have a frequent problem of going to the restroom.

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BY THE COURT: Okay. All right. All right. Do ... do you need a break now, or will you let me know when you…

2Cases cited4 opinions

  1. Miller-El v. CockrellSupreme Court of the United States · 2003
  2. Hernandez v. New YorkSupreme Court of the United States · 1991
  3. Purkett v. ElemSupreme Court of the United States · 1995
  4. Ross v. StateIndiana Court of Appeals · 1996

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