James Purkett, Superintendent, Farmington Corrections Center v. Jimmy Elem (514 U.S. 765)

U.S. Supreme Court · decided May 15, 1995 · Supreme Court Database (Spaeth)

Citation
514 U.S. 765 · 115 S. Ct. 1769
Decided
May 15, 1995
Term
October Term 1994
Vote
7–2
Issue area
Civil Rights
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Conservative

Opinion excerpt

Per Curiam. Respondent was convicted of second-degree robbery in a Missouri court. During jury selection, he objected to the prosecutor’s use of peremptory challenges to strike two black men from the jury panel, an objection arguably based on Batson v. Kentucky, 476 U. S. 79 (1986). The prosecutor explained his strikes: “I struck [juror] number twenty-two because of his long hair. He had long curly hair. He had the longest hair of anybody on the panel by far. He appeared to me to not be a good juror for that fact, the fact that he had long hair hanging down shoulder length, curly, unkempt hair. Also, he had a mustache and a goatee type beard. And juror number twenty-four also has a mustache and goatee type beard. Those are the only two people on the jury . . . with the facial hair .... And I don’t like the way they looked, with the way the hair is cut, both of them. And the mustaches and the beards look suspicious to me.” App. to Pet. for Cert. A-41. The prosecutor further explained that he feared that juror number 24, who had had a sawed-off shotgun pointed at him during a supermarket robbery, would believe that “to have a robbery you have to have a gun, and there is no gun in this case.” Ibid. The state trial court, without explanation, overruled respondent’s objection and empaneled the jury. On direct appeal, respondent renewed his Batson claim. The Missouri Court of…

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