Modden v. Texas

1988-05-02

Headline: Denied review leaves a death-row conviction intact despite claims that prosecutors excluded Black jurors, while two Justices urged vacatur or a new hearing over racial jury selection.

Holding: The Supreme Court denied review and left the Texas conviction and death sentence intact, while two Justices dissented and would have vacated or ordered a new hearing on alleged racial jury exclusions.

Real World Impact:

Leaves the defendant’s death sentence in place for now.
Highlights that Batson claims may require a hearing in lower courts.
Shows two Justices would have vacated or remanded over racial jury exclusions.

Topics: racial bias in juries, death penalty, jury selection practices, racial justice

Summary

Background

A Black man was convicted of killing a white woman during a robbery and sentenced to death in Texas. At trial the prosecution used three peremptory strikes to remove Black jurors and challenged for cause five other Black venirepersons. Only one Black person served on the jury that convicted and sentenced him. The trial finished before this Court decided Batson, the case that changed how claims of race-based jury exclusion are reviewed.

Reasoning

The Supreme Court denied the petition for review, leaving the conviction and sentence in place. The opinion denying review gives no majority explanation in the text provided. Justice Marshall’s dissent explains the legal test from Batson: once a defendant shows facts suggesting race-based exclusions, the prosecutor must offer a race-neutral explanation. Marshall concludes the record here shows a prima facie case of discrimination and that the trial court never required the prosecutor to explain the strikes.

Real world impact

Because the Court refused to take the case, the defendant’s conviction and death sentence remain as of this opinion. Justice Marshall would have vacated the judgment or sent the case back for a hearing to resolve whether the prosecutor improperly excluded Black jurors. The dissent also notes that Batson was later held to apply retroactively to cases not yet final.

Dissents or concurrances

Justice Brennan dissented on broader grounds, arguing the death penalty is always unconstitutional and would have vacated the sentence. Justice Marshall focused on the racial jury-selection claim and sought a new hearing or vacatur.