Batson

The Vermont Supreme Court reversed a conviction for assault and cocaine possession because the trial court had refused to permit the defense to exercise a peremptory challenge to strike the sole black potential juror.

Today’s holding is narrow: the sole fact that a party moves to strike the only minority juror from the venire is insufficient, by itself, to establish a prima facie case of discriminatory motive.  Even a single additional circumstance could, in a different case, suffice to trigger a legitimate Batson inquiry.  Absent from the instant case was anything additionally noted by the trial court, such as counsel’s tone, demeanor, pattern, past conduct, or other surrounding circumstance, suggestive of a discriminatory motivation behind the peremptory challenge.