Hardison v. State

Summary

The Mississippi Supreme Court held that the defendant’s constitutional right to a speedy trial was not violated because most of the delay was attributable to him. The court further held that the trial court improperly denied a defense peremptory strike after finding the stated reason was not race-neutral, without proceeding to the pretext stage of the Batson analysis. The court reversed the conviction and remanded for a new trial.

Holdings

1. The State did not violate Hardison's Sixth Amendment speedy-trial right because the Barker factors, considered together, did not weigh in his favor. Although the length of delay was presumptively prejudicial, 701 of the 833 days were attributable to Hardison, and his failure to demand a speedy trial was neutral rather than adverse.
2. A defendant's concern that a prospective juror's prior criminal-jury experience indicated a pro-prosecution attitude is a race-neutral reason for exercising a peremptory strike.
3. When a defendant offers a valid race-neutral reason for a peremptory strike, the trial court must proceed to the third Batson step and allow the opposing party to demonstrate pretext. The trial court's failure to do so constituted clear error.
4. An erroneous denial of a defendant's peremptory strike, caused by failure to conduct the required Batson analysis, is reversible error and cannot be harmless when the objectionable juror sits on the panel that convicts the defendant; prejudice is presumed.

Questions Presented

1. Whether the 833-day period between indictment and trial violated Hardison's Sixth Amendment right to a speedy trial.
2. Whether the trial court erred by finding that defense counsel's stated concern about a prospective juror's prior criminal-jury experience was not a race-neutral reason for a peremptory strike.
3. Whether the trial court's failure to complete the third, pretext stage of the Batson analysis after a facially race-neutral explanation required reversal.
4. Whether erroneous denial of a defendant's peremptory strike, when the challenged juror sits on the convicting jury, is subject to harmless-error analysis.

Disposition

reversed_and_remanded