By the Court, PICKERING, J.:
Appellant Collie Hawkins contends that the district court erred by rejecting his challenges to the State's peremptory challenges of three jurors as impermissible race discrimination under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). On the record and briefs presented, we cannot sustain this claim.
The defense objected to the State's peremptory challenges, citing Batson. The State responded with ostensibly race-neutral explanations for its juror strikes. In particular, the State justified removing a Middle-Eastern computer science professor from the jury because "professors are notoriously liberal," further clarifying, "I just don't like them on my juries, period." The defense did not challenge the State's explanations as pretextual or the district court's acceptance of them as illegitimate.
Appellate review of a Batson challenge gives deference to "[t]he trial court's decision on the ultimate question of discriminatory intent." Diomampo v. State, 124 Nev. 414, 422-23, 185 P.3d 1031, 1036-37 (2008) (alteration in original) (internal quotation marks omitted). In Felkner v. Jackson, the prosecutor struck an African American from the jury because she had a master's degree in social work. 562 U.S. ___, ___, 131 S.Ct. 1305, 1306, 179 L.Ed.2d 374 (2011). When the defense objected, citing Batson, the state trial court accepted the prosecutor's explanation "that he does not like to keep social workers'" and rejected the Batson challenge. Id. The defense claimed that removal on the basis of education and occupation was a form of discrimination but did not specifically challenge the reason as being pretextual until the appeal. Id. Both the
The Supreme Court in Felkner in turn reversed the Ninth Circuit. Id. It held that the trial court did not act unreasonably in deeming the prosecutor's explanation about not "lik[ing] to keep social workers" to be "race-neutral" and that the determination of pretext thus came down to a credibility determination by the trial court judge. Id. (citing Snyder v. Louisiana, 552 U.S. 472, 477, 128 S.Ct. 1203, 170 L.Ed.2d 175 (2008)); see also Purkett v. Elem, 514 U.S. 765, 767-68, 115 S.Ct. 1769, 131 L.Ed.2d 834 (1995).
As in Felkner, the district court in this case accepted the State's dislike of professors as an adequate explanation for the peremptory challenge when the defense did not challenge the explanation as pretextual. Among the bases for finding pretext are:
Ford v. State, 122 Nev. 398, 405, 132 P.3d 574, 578-79 (2006) (internal footnote omitted) (citing Miller-El v. Dretke, 545 U.S. 231, 240-65, 125 S.Ct. 2317, 162 L.Ed.2d 196 (2005)). In addition, "[a]n implausible or fantastic justification by the State may, and probably will, be found to be pretext for intentional discrimination." Id. at 404, 132 P.3d at 578 (citing Kaczmarek, 120 Nev. at 334, 91 P.3d at 30).
Here, the defense did not develop pretext.
There are three stages to a Batson challenge—(1) the opponent of the peremptory challenge must show "a prima facie case of racial discrimination"; (2) the proponent of the peremptory challenge must then present a race-neutral explanation; and (3) the trial court must determine whether the parties have satisfied their respective burdens of proving or rebutting purposeful racial discrimination. Purkett, 514 U.S. at 767, 115 S.Ct. 1769.
Id. at 768, 115 S.Ct. 1769. The defense in this the opponent of the challenges, stopped at step 1. Failing to traverse an ostensibly race-neutral explanation for a peremptory challenge as pretextual in the district court stymies meaningful appellate review which, as noted, is deferential to the district court.
United States v. Roberts, 163 F.3d 998 (7th Cir.1998), is instructive. There, the prosecution peremptorily challenged an African-American juror and offered as his race-neutral explanation that the juror was a teacher and would "not [be] neutral towards the government's case." Id. at 998. The defendant failed to point out that there was a Caucasian teacher in the venire whom the prosecutor did not challenge, a point he tried to develop on appeal. Id. at 999. The Seventh Circuit recognized that the prosecutor's reason for striking the African-American teacher was "lame," id. at 998, but, nevertheless, upheld the lower court decision to reject the Batson challenge as "a finding of fact, which stands unless clearly erroneous." Id. at 999; cf. Johnson v. Gibson, 169 F.3d 1239, 1248 (10th Cir.1999) (holding that Batson does not impose "an independent duty on the trial court to pore over the record and compare the characteristics of jurors, searching for evidence of pretext, absent any pretext argument or evidence presented by counsel").
For these reasons, we conclude that the district court did not err by rejecting Hawkins' Batson challenge, and we affirm the judgment of conviction.
We concur: DOUGLAS, C.J., and HARDESTY, J.