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- Subject: FORD v. GEORGIA, Syllabus
-
-
-
- (Slip Opinion)
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court
- but has been prepared by the Reporter of Decisions for the convenience
- of the reader. See United States v. Detroit Lumber Co., 200 U.9S. 321,
- 337.
- SUPREME COURT OF THE UNITED STATES
-
-
- Syllabus
-
-
- AFORD v. GEORGIA
-
-
- Bcertiorari to the supreme court of georgia
-
- CNo.987-6796. Argued November 6, 1990--Decided February 19, 1991
-
- DPetitioner Ford, a black man charged with, inter alia, the murder of a
- white woman, filed a pretrial "Motion to Restrict Racial Use of Peremptory
- Challenges," alleging that the county prosecutor had "over a long period of
- time" excluded black persons from juries where the issues to be tried
- involved members of the opposite race. In opposing the motion, the
- prosecution referred to Swain v. Alabama, 380 U.9S. 202, in which this
- Court recognized that the purposeful exclusion of members of the
- defendant's race from his petit jury would work a denial of equal
- protection under the Fourteenth Amendment to the Federal Constitution, but
- held that the defendant would have to prove a pattern of racial
- discrimination in prior cases as well as his own to prevail. The trial
- judge denied the motion, declaring that in "numerous or several" cases he
- had seen the prosecutor strike prospective white jurors but leave
- prospective black jurors in trials of black defendants. During jury
- selection, the prosecution exercised 9 of its 10 peremptory challenges to
- strike black prospective jurors, leaving 1 black venire member on the jury.
- After the jury convicted Ford and he was sentenced to death, he moved for a
- new trial, claiming, among other things, that his Sixth Amendment right to
- an impartial jury was violated by the prosecutor's racially based exercise
- of peremptory challenges. The motion was denied, and the Supreme Court of
- Georgia affirmed the conviction. While Ford's first petition for
- certiorari was pending in this Court, the Court decided Batson v. Kentucky,
- 476 U.9S. 79, which dropped the Swain requirement of proof of prior
- discrimination by holding it possible for a defendant to make out a prima
- facie equal protection violation entirely by reference to the prosecution's
- use of peremptory challenges in the defendant's own case. This Court
- ultimately vacated Ford's conviction and remanded in light of Griffith v.
- Kentucky, 479 U.9S. 314, which decided that Batson's new evidentiary
- standard would apply retroactively in cases such as the present. On
- remand, the State Supreme Court concluded that before his trial Ford had
- raised a Swain claim that was decided adversely to him on appeal and could
- not be reviewed again. The court then suggested that a Batson claim was
- never raised at trial, but held sua sponte that any equal protection claim
- that Ford might have was untimely under the rule the court had stated in
- State v. Sparks, 257 Ga. 97, 98, 355 S. E. 2d 658, 659, which, as
- interpreted by the court, requires that a contemporaneous objection to a
- jury be made under Batson in the period between the jurors' selection and
- the administration of their oaths. Although Sparks was decided long after
- Ford's trial, the court regarded the Sparks rule as a "valid state
- procedural bar" to federal review of Ford's claim under Wainwright v.
- Sykes, 433 U.9S. 72.
-
- EHeld: The Sparks rule is not an adequate and independent state procedural
- ground that would bar federal judicial review of Ford's Batson claim.
- Pp.96-13.
-
- F(a) The State Supreme Court erred in concluding that Ford failed to
- present the trial court with a cognizable Batson equal protection
- claim. Although Ford's pretrial motion did not mention the Equal
- Protection Clause, and his new trial motion cited the Sixth Amendment
- rather than the Fourteenth, the pretrial motion's reference to a
- pattern of excluding black venire members "over a long period of time"
- constitutes the assertion of an equal protection claim on the
- evidentiary theory articulated in Batson's antecedent, Swain. That the
- Georgia courts, in fact, adopted this interpretation is demonstrated by
- the prosecutor's citation to Swain in opposing the pretrial motion, by
- the trial judge's clear implication of Swain in ruling that Ford had
- failed to prove the systematic exclusion of blacks from petit juries,
- and by the State Supreme Court's explicit statement on remand that Ford
- had raised a Swain claim. Because Batson did not change the nature of
- the violation recognized in Swain, but merely the quantum of proof
- necessary to substantiate a particular claim, it follows that a
- defendant alleging a Swain equal protection violation necessarily
- states such a violation subject to Batson's more lenient burden of
- proof. Pp.96-8.
-
- (b) The State Supreme Court erred in concluding that the Sparks
- contemporaneous objection rule can bar federal consideration of Ford's
- Batson claim as untimely raised. Although the Sparks rule is a
- sensible one, its imposition here is nevertheless subject to this
- Court's standards for assessing the adequacy of independent state
- procedural bars to the entertainment of federal constitutional claims.
- These include the requirement, under James v. Kentucky, 466 U.9S. 341,
- 348-351, that only a state practice that is "firmly established and
- regularly followed" at the time at which it is to be applied may be
- interposed to prevent subsequent review by this Court of such a claim.
- To apply Sparks retroactively to bar consideration of a claim not
- raised between the jurors' selection and oaths would apply a rule that
- was unannounced at the time of Ford's trial and is therefore inadequate
- to serve as an independent state ground under James. Indeed, Sparks
- would not, by its own terms, apply here, since that decision declared
- that its rule would apply only as to cases tried "hereafter."
- Pp.99-13.
-
- G257 Ga. 661, 362 S. E. 2d 764, reversed and remanded.
-
- HSouter, J., delivered the opinion for a unanimous Court.
-
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