State v. Hawkins
| Decision Date | 06 June 1986 |
| Citation | State v. Hawkins, 347 S.E.2d 98, 289 S.C. 482 (S.C. 1986) |
| Court | South Carolina Supreme Court |
| Parties | The STATE, Respondent, v. Calvin HAWKINS, Appellant. |
ORDER
Appellant moves to remand for an evidentiary hearing pursuant to Batson v. Kentucky, --- U.S. ----, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). In Batson, the United States Supreme Court announced that upon a criminal defendant's prima facie showing that the State exercised its peremptory juror strikes in a racially discriminatory manner, the burden shifts to the State to provide a neutral explanation.
We hold that Batson shall not apply retroactively to convictions obtained by juries empaneled prior to April 30, 1986, the date of the Batson decision. See 106 S.Ct. at 1725-26, 1731-32, 1740-41; Daniel v. Louisiana, 420 U.S. 31, 95 S.Ct. 704, 42 L.Ed.2d 790 (1975). Because appellant was tried before the decision in Batson, the motion to remand is denied.
IT IS SO ORDERED.
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5 cases
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State v. Patterson
...her in the same category as a white female against whom he also exercised a peremptory strike. This court held in State v. Hawkins, 289 S.C. 482, 347 S.E.2d 98 (1986) that the rule enunciated in Batson v. Kentucky, 476 U.S. ----, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986) was not to be given retr......
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Cherry v. State
...Cherry seeks to equate this with the solicitor's repeated references to a death penalty defendant as "Mad Dog," see, State v. Hawkins, 289 S.C. 482, 347 S.E.2d 98 (1986), and alleges his counsel was ineffective in failing to object to the use of this At the PCR hearing, Cherry's trial couns......
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State v. Smith
...S.Ct. 1712, 90 L.Ed.2d 69 (1986). We affirm. The Court granted appellant's petition to argue against the precedence of State v. Hawkins, 289 S.C. 482, 347 S.E.2d 98 (1986), to the extent it held that Batson will be applied prospectively only. State v. Hawkins was effectively overruled on th......
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State v. Jones
...and FINNEY, JJ., and LITTLEJOHN, Acting J., concur. 1 Griffith overrules this Court's holding to the contrary in State v. Hawkins, 289 S.C. 482, 347 S.E.2d 98 (1986).2 Of course, appellant would be able to seek review of this decision by appealing the judge's ruling to this Court. S.C.Code ......
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