People v. Little

Court erred in summarily dismissing Defendant's pro se postconviction petition, as he made an arguable claim of ineffective assistance of trial counsel for failing to challenge the State's exclusion of an African American venireperson from jury pursuant to U.S. Supreme Court's 1986 Batson decision. Of the 6 African American members fo the venire, only 1 was selected to remain on the jury. State was responsible for removing 50% of African American prospective juro9rs from the venire. This statistic, along with the 2.5% difference in the African American composition of the venire versus the jury, arguably permits an inference that the State had a discriminatory purpose. Under totality of relevant factors and circumstances presented, Defendant arguably made a prima facie showing that the State's peremptory exclusion of 1 African American vernireperson from the venire was made on the basis of her race. As trial counsel failed to object, prejudice must be presumed.(LAVIN and COBBS, concurring.)