OPINION OF THE COURT
RICE V. COLLINS
546 U. S. ____ (2006)
SUPREME COURT OF THE UNITED STATES
NO. 04-52
BERTRAM RICE, WARDEN, et al., PETITIONERS
v. STEVEN MARTELL COLLINS
on writ of certiorari to the united states court of
appeals for the ninth circuit
[January 18, 2006]
Justice Kennedy delivered the
opinion of the Court
Concerned that, in this habeas
corpus case, a federal court set aside reasonable state-court
determinations of fact in favor of its own debatable interpretation
of the record, we granted certiorari. Our review confirms that the
Court of Appeals for the Ninth Circuit erred, misapplying settled
rules that limit its role and authority.
I
After a 4-day trial in the
Superior Court of California for the County of Los Angeles, a jury
convicted Steven Martell Collins on one count of possessing cocaine
with intent to distribute. The conviction was all the more serious
because it subjected him to California’s three strikes rule for
sentencing. The question at issue in this federal habeas corpus
action, however, is the California courts’ rejection of Collins’
argument that the prosecutor struck a young, African-American
woman, Juror 16, from the panel on account of her race. A second
African-American juror was also the subject of a peremptory strike,
and although Collins challenged that strike in the trial court, on
appeal he objected only to the excusal of Juror 16.
Even prior to this Court’s
decision in
Batson v.
Kentucky, 476 U. S. 79 (1986),
California courts barred peremptory challenges to jurors based on
race.
People v.
Wheeler, 22 Cal. 3d 258, 583
P. 2d 748 (1978). Although our recent decision in
Johnson v.
California, 545 U. S. ___ (2005),
disapproved of the manner in which
Wheeler and
Batson were implemented in some California cases, the
state courts in this case used the correct analytical framework in
considering and ruling upon the objection to the prosecutorial
strike.
As race-neutral explanations for striking
Juror 16, the prosecutor said that Juror 16 had rolled her eyes in
response to a question from the court; that Juror 16 was young and
might be too tolerant of a drug crime; and that Juror 16 was single
and lacked ties to the community. A further, more troubling part of
the prosecutor’s unorganized explanation was her reference to Juror
16’s gender. The trial court, correctly, disallowed any reliance on
that ground. The trial court, furthermore, which had the benefit of
observing the prosecutor firsthand over the course of the
proceedings, rejected Collins’ challenge.
“With regard to 016, the court, frankly, did not
observe the demeanor of Ms. 016 that was complained of by the
District Attorney; however, Ms. 016 was a youthful person, as was
[a white male juror the prosecutor also dismissed by peremptory
challenge]. And one or more prospective jurors also. The Court is
prepared to give the District Attorney the benefit of the doubt as
to Ms. 016.” 2 App. 14–15.
The California Court of Appeal
upheld the conviction and the trial court’s ruling on the
peremptory challenge.
People v.
Collins, No.
B106939 (Dec. 12, 1997), App. to Pet. for Cert. 112–117. In its
view, youth was a legitimate reason to exercise a peremptory
challenge; and, even if it were not, Juror 16’s demeanor also
supported the strike.
Id., at 116. According to its review
of the record, nothing suggested the trial court failed to conduct
a searching inquiry of the prosecutor’s reasons for striking Juror
16.
Id., at 116–117. The appeals court thus upheld the
trial court’s ultimate conclusion to credit the prosecutor.
Ibid. Without comment, the Supreme Court of California
denied Collins’ petition for review.
Id., at 96.
Collins sought collateral relief on this claim
in federal court. The United States District Court for the Central
District of California dismissed with prejudice Collins’ petition
for a writ of habeas corpus.
Id., at 91. A divided panel
of the Court of Appeals for the Ninth Circuit reversed and remanded
with instructions to grant the petition. 348 F. 3d 1082
(2003), amended and superseded by 365 F. 3d 667 (2004). Noting
that the Antiterrorism and Effective Death Penalty Act of 1996
(AEDPA) governed Collins’ petition, the panel majority concluded
that it was an unreasonable factual determination to credit the
prosecutor’s race-neutral reasons for striking Juror 16.
Id., at 679. Judge Hall dissented,
id., at
687–691; and later, over the dissent of five judges, the Court of
Appeals declined to rehear the case en banc,
id., at
670–673. Though it recited the proper standard of review, the panel
majority improperly substituted its evaluation of the record for
that of the state trial court. We granted the petition for
certiorari, 545 U. S. ___ (2005), and now reverse.
II
A defendant’s
Batson
challenge to a peremptory strike requires a three-step inquiry.
First, the trial court must determine whether the defendant has
made a prima facie showing that the prosecutor exercised a
peremptory challenge on the basis of race. 476 U. S., at 96–97.
Second, if the showing is made, the burden shifts to the prosecutor
to present a race-neutral explanation for striking the juror in
question.
Id., at 97–98. Although the prosecutor must
present a comprehensible reason, “[t]he second step of this process
does not demand an explanation that is persuasive, or even
plausible”; so long as the reason is not inherently discriminatory,
it suffices.
Purkett v.
Elem, 514 U. S. 765, 767–768
(1995)
(per curiam). Third, the court must then determine
whether the defendant has carried his burden of proving purposeful
discrimination.
Batson,
supra, at 98;
Miller-El v.
Dretke, 545 U. S. ___, ___ (2005)
(slip op., at 18). This final step involves evaluating “the
persuasiveness of the justification” proffered by the prosecutor,
but “the ultimate burden of persuasion regarding racial motivation
rests with, and never shifts from, the opponent of the strike.”
Purkett,
supra, at 768.
On direct appeal in federal
court, the credibility findings a trial court makes in a
Batson inquiry are reviewed for clear error.
Hernandez v.
New York,
500 U. S. 352, 364–366
(1991) (plurality opinion) (holding that evaluation of a
prosecutor’s credibility “lies ‘peculiarly within a trial judge’s
province’ ”). Under AEDPA, however, a federal habeas court
must find the state-court conclusion “an unreasonable determination
of the facts in light of the evidence presented in the State court
proceeding.” 28 U. S. C. §2254(d)(2). Thus, a federal habeas
court can only grant Collins’ petition if it was unreasonable to
credit the prosecutor’s race-neutral explanations for the
Batson challenge. State-court factual findings, moreover,
are presumed correct; the petitioner has the burden of rebutting
the presumption by “clear and convincing evidence.” §2254(e)(1).
See
Miller-El, supra, at ___ (slip op., at 6). Although
the Ninth Circuit assumed §2254(e)(1)’s presumption applied in this
case, 365 F. 3d, at 677, the parties disagree about whether
and when it does. We need not address that question. Even assuming,
arguendo, that only §2254(d)(2) applied in this
proceeding, the state-court decision was not an unreasonable
determination of the facts in light of the evidence presented in
the state court.
Because the California Court of Appeal
accepted the trial court’s credibility finding, the panel majority
inquired whether the appellate court made an unreasonable factual
determination. See
id., at 682. The panel majority’s
analysis and conclusions, however, depended entirely on its view of
the trial court’s credibility holding. The panel majority found no
error in the trial court’s proceedings or rulings in the first two
steps of the
Batson inquiry. 365 F. 3d, at 677–678.
It disagreed, however, with the trial court’s conclusions on the
third step, holding that it was unreasonable to accept the
prosecutor’s explanation that Juror 16 was excused on account of
her youth and her demeanor.
Id., at 678–687. We conclude
the Ninth Circuit erred, for the trial court’s credibility
determination was not unreasonable.
Noting that the trial court had not witnessed
Juror 16’s purported eye rolling, the panel majority concluded that
no reasonable factfinder could have accepted the prosecutor’s
rendition of the alleged incident because the prosecutor’s conduct
completely undermined her credibility.
Id., at 683. Having
before it only the trial court record, the Court of Appeals
majority drew this conclusion based on three considerations: first,
the prosecutor’s erroneous statement concerning another prospective
African-American juror’s age; second, the prosecutor’s improper
attempt to use gender as a basis for exclusion; and third, the
majority’s skepticism toward the prosecutor’s explanation that she
struck Juror 16 in part because of her youth and lack of ties to
the community.
Id., at 683–684.
The first reason the panel majority noted for
rejecting the trial court’s credibility finding pertained not to
Juror 16, the subject of Collins’ claim on appeal, but to another
prospective African-American juror, Juror 19. The prosecutor
referred to Juror 19 as “young” even though she was a grandmother.
This reference to youth took place during a discussion about three
prospective jurors, Jurors 6, 16, and 19. Jurors 6 and 16 were both
young. As Judge Hall observed, it is quite plausible that the
prosecutor simply misspoke with respect to a juror’s numerical
designation, an error defense counsel may also have committed.
Id., at 688; 2 App. 9. It is a tenuous inference to say
that an accidental reference with respect to one juror, Juror 19,
undermines the prosecutor’s credibility with respect to Juror 16.
Seizing on what can plausibly be viewed as an innocent
transposition makes little headway toward the conclusion that the
prosecutor’s explanation was clearly not credible.
Second, the panel majority concluded that the
trial court should have questioned the prosecutor’s credibility
because of her “attempt to use gender as a race-neutral basis for
excluding Jurors 016 and 019.” 365 F. 3d, at 684. Respondent’s
trial occurred in August 1996, over two years after our decision in
J. E. B. v.
Alabama ex rel. T. B.,
511 U. S. 127
(1994), made clear that discrimination in jury selection on the
basis of gender violates the Equal Protection Clause. Although the
record contains a somewhat confusing colloquy on this point, it can
be read as indicating that one of the prosecutor’s aims in striking
Juror 16 was achieving gender balance on the jury. Concerned about
the constitutionality of such a strike, the trial court made clear
that it would not accept gender as a race-neutral explanation. The
panel majority assigned the gender justification more weight than
it can bear. The prosecutor provided a number of other permissible
and plausible race-neutral reasons, and Collins provides no
argument why this portion of the colloquy demonstrates that a
reasonable factfinder must conclude the prosecutor lied about the
eye rolling and struck Juror 16 based on her race.
Finally, the panel majority believed to be
unsupportable the prosecutor’s stated concern that Juror 16 might,
as a young and single citizen with no ties to the community, be too
tolerant of the crime with which respondent was charged. 365
F. 3d, at 680–682, 684. This was so, the majority concluded,
because during
voir dire Juror 16 replied affirmatively
when asked if she believed the crime with which respondent was
charged should be illegal and disclaimed any other reason she could
not be impartial.
Id., at 680. That the prosecutor claimed
to hold such concerns despite Juror 16’s
voir dire
averments does not establish that she offered a pretext. It is not
unreasonable to believe the prosecutor remained worried that a
young person with few ties to the community might be less willing
than an older, more permanent resident to impose a lengthy sentence
for possessing a small amount of a controlled substance. Accord,
id., at 690 (Hall, J., dissenting). Even if the prosecutor
was overly cautious in this regard, her wariness of the young and
the rootless could be seen as race neutral, for she used a
peremptory strike on a white male juror, Juror 6, with the same
characteristics. 2 App. 5, 14.
Viewing the panel majority’s concerns
together, the most generous reading would suggest only that the
trial court had reason to question the prosecutor’s credibility
regarding Juror 16’s alleged improper demeanor. That does not,
however, compel the conclusion that the trial court had no
permissible alternative but to reject the prosecutor’s race-neutral
justifications and conclude Collins had shown a
Batson
violation. Reasonable minds reviewing the record might disagree
about the prosecutor’s credibility, but on habeas review that does
not suffice to supersede the trial court’s credibility
determination.
The panel majority did not stop at the
conclusion that the trial court rendered an unreasonable factual
determination in light of the evidence presented. It further
concluded that the state courts had unreasonably applied clearly
established federal law as determined by this Court. 365
F. 3d, at 679; 28 U. S. C. §2254(d)(1). The question
whether a state court errs in determining the facts is a different
question from whether it errs in applying the law. In this case
there is no demonstration that either the trial court or the
California Court of Appeal acted contrary to clearly established
federal law in recognizing and applying
Batson’s
burden-framework. See 2 App. 14–15; App. to Pet. for Cert.
114–116. The only question, as we have noted, is whether the trial
court’s factual determination at
Batson’s third step was
unreasonable. For the reasons discussed above, we conclude it was
not.
III
The panel majority’s attempt to
use a set of debatable inferences to set aside the conclusion
reached by the state court does not satisfy AEDPA’s requirements
for granting a writ of habeas corpus. The judgment of the Court of
Appeals is reversed, and the case is remanded for further
proceedings consistent with this opinion.
It is so ordered.
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