State v. Heyward, No. 3752.

• Court: Court of Appeals of South Carolina
• Writing for the Court: HOWARD, J.
• Citation: 357 S.C. 577,594 S.E.2d 168
• Parties: The STATE, Respondent, v. Anthony A. HEYWARD, Appellant.
• Docket Number: No. 3752.
• Decision Date: 08 March 2004

357 S.C. 577
594 S.E.2d 168

The STATE, Respondent,
v.
Anthony A. HEYWARD, Appellant

No. 3752.

Court of Appeals of South Carolina.

Heard January 13, 2004.

Decided March 8, 2004.

357 S.C. 579

Assistant Appellate Defender Aileen P. Clare, of Columbia, for Appellant

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Assistant Attorney General W. Rutledge Martin, all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for Respondent.

HOWARD, J.:

Anthony A. Heyward was convicted for kidnapping, criminal sexual conduct in the first degree ("CSC"), and carjacking. Subsequently, the circuit court sentenced him to life imprisonment without parole for kidnapping, life imprisonment without parole for CSC, and fifteen years imprisonment for carjacking, the sentences to run concurrently. Heyward appeals, arguing the circuit court erred by failing to start the jury selection process de novo, where the circuit court found a juror to have been struck in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). We affirm.

FACTUAL/PROCEDURAL BACKGROUND

A grand jury indicted Heyward for kidnapping, CSC, and carjacking. During jury selection, the State moved for a Batson hearing, arguing Heyward's strikes were exercised in a gender-based, discriminatory manner. The circuit court agreed. However, rather than strike the entire jury and begin the jury selection process de novo, the circuit court seated the juror.

Following the trial, the jury found Heyward guilty of kidnapping, CSC, and carjacking, and the circuit court sentenced him to life imprisonment without parole for kidnapping, life imprisonment without parole for CSC, and fifteen years imprisonment for carjacking, the sentences to run concurrently.

On appeal, Heyward's appellate counsel reviewed the record, concluded the appeal lacked merit, and filed a petition to be relieved. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), this court reviewed the

357 S.C. 580

record and brief, denied counsel's request, and ordered the following issue to be briefed

Did the trial court err in seating a juror, whom it found to have been struck in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), rather than ordering the process of selecting the jury to start de novo as set forth in State v. Jones, 293 S.C. 54, 58, 358 S.E.2d 701, 704 (1987), abrogated on other grounds by State v. Chapman, 317 S.C. 302, 454 S.E.2d 317 (1995)?

(S.C. Ct.App. Order dated June 11, 2003).

LAW/ANALYSIS

Heyward argues the circuit court committed reversible error by failing to strike the jury and start the jury selection process de novo, where the circuit court found a juror to have been struck in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). We disagree.

"The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution prohibits the striking of a venireperson on the basis of race." State v. Haigler, 334 S.C. 623, 628, 515 S.E.2d 88, 90 (1999); see Batson v. Kentucky, 476 U.S. 79, 85, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986) (holding the Fourteenth Amendment to the United States Constitution prohibits a state prosecutor from exercising peremptory challenges to strike potential jurors solely on the basis of race); see also Georgia v. McCollum, 505 U.S. 42, 50-55, 112 S.Ct. 2348, 120 L.Ed.2d 33 (1992) (holding a prosecutor may challenge a defendant's use of peremptory strikes); J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127, 129, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994) (holding the Fourteenth Amendment to the United States Constitution is violated if the State strikes a juror on the basis of gender).

Our supreme court has set forth a "bright line test" for determining if a juror has been struck in violation of Batson. See State v. Jones, 293 S.C. 54, 57-58, 358 S.E.2d 701, 703-04 (1987), abrogated by, State v. Chapman, 317 S.C. 302, 306, 454 S.E.2d 317, 320 (1995)). Furthermore, if the circuit court finds a juror has been struck in violation of Batson, our supreme court has mandated that the circuit court strike the entire jury and begin the jury selection process de novo. Id.

357 S.C. 581

at 58, 358 S.E.2d at 704. This mandate seeks to: 1) protect the defendant's right to a fair trial; 2) protect each venireperson's right not to be excluded from jury service for discriminatory reasons; and 3) preserve public...