The Kansas Court of Appeals today upheld the conviction of Frankie Eugene Buie in Wyandotte County District Court on charges of aggravated robbery.
A district court jury convicted Buie of aggravated robbery in April 2010.
He appealed, claiming his right to a speedy trial was violated, and there had been erroneous jury instruction. The Kansas Court of Appeals ruled the district court should have required the state to provide race-neutral explanations for the preemptory strikes of four jurors that Buie had questioned. The case was sent back for a hearing. The Batson hearing took place with the state explaining its rationale for the four strikes. The district court decided the state’s explanations were sufficient and denied the challenges.
According to court documents, Buie appealed, arguing the district court abused its discretion when it concluded the state’s race-neutral reasons were sufficient to overcome his challenge alleging the prosecutor struck four potential jurors based on racial discrimination.
The appeals court said the prosecutor had no history or reputation for racial discrimination in jury selection, and the judge said he had not noticed a pattern of discrimination in this trial or any of the prosecutor’s earlier trials.