State of Louisiana v. Rickey Joseph

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
16-763

STATE OF LOUISIANA
VERSUS
RICKEY JOSEPH

CHATELAIN, J., concurring to assign additional reasons.

I agree with the opinion of this court. However, I choose to write briefly on

the State’s decision to strike Mrs. Mary Ann Fontenot.

Although the supreme court thoroughly examined the role of “gut feelings”

in Alex v. Rayne Concrete Serv., 05-1457 (La. 1/26/07), 951 So. 2d 138, as part of

an examination of purposeful discrimination on the grounds of race in the exercise

of peremptory challenges, it is clear in the present case that the defendant failed to

present a prima facie case that the State exercised this challenge on the basis of

race. Even though the State may have been inarticulate in its explanation for

striking Mrs. Fontenot, it nonetheless mentioned a race neutral ground for this

juror’s strike – Mrs. Fontenot knew Detective Chateuse James of the Ville Platte

Police Department, a key State witness.

Although personal connections to and relationships with law enforcement

personnel do not, by themselves, disqualify prospective jurors for cause, such

associations and relationships are subject to careful scrutiny. State v. Alexander,

620 So.2d 1166 (La.1993); State v. Ford, 489 So.2d 1250 (La.1986), vacated on

other grounds, 479 U.S. 1077, 107 S.Ct. 1272, 94 L.Ed.2d 133 (1987), on remand,

503 So.2d 1009 (La.1987). The question is whether the prospective juror could

assess the credibility of each witness independently of his/her relationship with law

enforcement. State v. Carlos, 618 So.2d 933 (La.App. 1 Cir.1993), writ denied,

623 So.2d 1305 (La.1993). In the context of peremptory challenges, distinct from

disqualification of a prospective juror for cause, potential partiality because of such

relationship is a sufficient racially neutral reason for a peremptory

challenge. State v.Wilson, 25,775 (La.App. 2 Cir. 2/23/94), 632 So.2d 861.