Was the judge's failure to find that Franco's peremptory dismissal made out a prima facie case of dismissal for racial reasons?

Question

Francisco Alvarado was convicted of delivery of cocaine within 1,000 feet of a church. During voir dire the only person of "Mexican descent," Norma Franco, was dismissed peremptorily from the jury by the prosecutor. Franco indicated that, about 15 or 16 years ago, her older sister was involved with drugs and sought help in ultimately overcoming her drug problem. Franco stated that she was not close to her sister at that time and was not involved in her sister's rehabilitation and treatment. Franco indicated that her sister had not had contact with the criminal justice system as a result of her drug use. The State did not ask Franco individually any other questions regarding her family and her ability to serve on defendant's jury before dismissing her. Defense counsel made a Batson challenge and the prosecutor gave, as a race-neutral reason for the dismissal, the involvement of her sister with drugs and "[n]othing to do with her origins. The trial judge dismissed the Batson challenge. The State used other peremptory challenges to dismiss other jurors. On defense motion, the other juror profiles were preserved. On appeal it was noted that "six other venirepersons also had relatives or friends who were involved with drugs in their pasts, yet they were not challenged."
What will be an ideal response?

Answer 1

Yes
The appellate court reviewed a number of factors to consider to determine whether a prima facie case of discrimination was made out under Batson, including the race of the excused juror, whether the defendant and the juror are of the same race, the pattern of strikes, the levels of minority representation on the jury, whether any racial animus was expressed by the attorneys, the racial identity of victim and witnesses, and whether the excluded juror shared common characteristics with other, nonminority jurors who were not challenged. The first set of factors both supported or undermined, or played no role in whether a prima facie case of discrimination was made out. The "common characteristics" factor, however, was decisive. The only Hispanic juror was excused on the ground of a relative involved in drugs and yet other jurors with similar characteristics were not dismissed. The cases was remanded in order for the trial court to complete the other components of a Batson hearing. If, the circuit court determines that the peremptory challenge against Franco constitutes a Batson violation, "then defendant's conviction shall be vacated and the circuit court shall order a new trial."