The Associated Press
HOUSTON — A death row inmate convicted of killing a Houston police officer is appealing whether two prospective jurors were removed improperly from his capital murder trial because they were black.
A federal appeals court is allowing Anthony Cardell Haynes’ claim to move forward. He was condemned for the May 1998 fatal shooting of Houston Police Sergeant Kent Kincaid.
In his appeal, Haynes, who is black, contended State District Court Judge Jim Wallace improperly allowed Harris County prosecutors to exclude two black people from consideration as jurors. His attorneys say the ruling violated Haynes’ right to a jury process free from racial discrimination.
In a landmark 1986 ruling, the U.S. Supreme Court found it unconstitutional to dismiss a juror because of race.
Prosecutors contended 2 of the jurors were stricken from consideration because of their demeanor.
The jury that convicted and then condemned him included one black person. Of 6 potential black jurors interviewed during the selection process, four were stricken by prosecutors. One was eliminated by Haynes’ lawyers.