Commonwealth v. Roberto Lopez-Ortiz

Massachusetts Appeals Court · February 12, 2025 · No. 23-P-295

Summary

This Massachusetts Appeals Court opinion addresses whether the prosecutor improperly exercised a peremptory challenge to strike a prospective Hispanic juror during a felony-murder trial. Applying the burden-shifting framework under Commonwealth v. Soares and Batson v. Kentucky, the court evaluates the trial judge's determination that the prosecutor's stated reasons for the strike were genuine and adequate. The majority concludes that the prosecutor's concerns regarding the juror's impartiality, prior negative experiences with law enforcement, and courtroom demeanor were race-neutral, ultimately affirming the defendant's conviction.

Court
Massachusetts Appeals Court
Writing for the Court
Englander, J.; Rubin, J.; D'Angelo, J.
Jurisdiction
Massachusetts
Decision date
February 12, 2025
Docket number
23-P-295
Procedural posture
Defendant appealed his felony‑murder conviction, challenging the trial judge’s allowance of a peremptory strike of a juror on Batson‑Soares grounds.
Standard of review
abuse of discretion
Precedential value
published
Parties
Roberto Lopez-Ortiz v. Commonwealth
Disposition
affirmed

Topics

equal protectionfourteenth amendmentcriminal procedureracial discrimination

Practice areas

criminal procedure

Questions Presented

  1. Whether the trial judge erred in allowing the Commonwealth’s peremptory challenge of juror no. 3 on Batson‑Soares grounds.

Holdings

  1. The trial judge did not err; the peremptory challenge was proper because the prosecutor’s reasons were found to be adequate and genuine, and the judge’s decision was not an abuse of discretion.

Key quotations

We generally presume that peremptory challenges are made and used properly during jury selection.
An explanation is adequate if it is "clear and reasonably specific," "personal to the juror and not based on the juror's group affiliation" (in this case race), and related to the particular case being tried.

Factual background

The defendant and three accomplices attempted a robbery that resulted in a felony‑murder conviction. During jury selection, juror no. 3 expressed concern about the lack of Hispanic jurors and answered a questionnaire question about ethnic groups. The prosecutor challenged the juror peremptorily, citing the juror’s answers and demeanor. The trial judge found the reasons adequate and genuine and allowed the strike.

Procedural history

The defendant was convicted in the Superior Court Department in 2017. On appeal he argued that the prosecutor’s peremptory challenge of juror no. 3 was based on the juror’s Hispanic ethnicity, violating Soares and the U.S. Constitution. The appellate panel considered the Batson‑Soares three‑step analysis and affirmed the trial judge’s decision.

Court Document

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