State v. Jones, No. 22751
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | HARWELL; NESS, C.J., GREGORY and FINNEY, JJ., and LITTLEJOHN |
| Citation | 293 S.C. 54,358 S.E.2d 701 |
| Parties | The STATE, Respondent, v. Irving Daniel JONES, Appellant. . Heard |
| Decision Date | 06 April 1987 |
| Docket Number | No. 22751 |
Page 701
v.
Irving Daniel JONES, Appellant.
Decided July 20, 1987.
Page 702
[293 S.C. 55] Asst Appellate Defender Daniel T. Stacey, of S.C. Office of Appellate Defense, Columbia, for appellant.
Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and William Edgar Salter, III, Columbia, and Sol. Joseph J. Watson, Greenville, for respondent.
[293 S.C. 56] HARWELL, Justice:
Appellant was convicted of possession of heroin with intent to distribute and sentenced to fifteen years in prison. He contends that he is entitled to a new trial under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). We remand for further proceedings in the trial court on this issue.
Appellant is a member of the Black race. The solicitor used three of his peremptory challenges to strike potential black jurors. Appellant objected on constitutional grounds to the solicitor's use of peremptory challenges to exclude blacks from the jury.
In Batson, the United States Supreme Court ruled that a defendant in a state criminal trial may establish a prima facie case of racial discrimination.
To establish such a case, the defendant first must show that he is a member of a cognizable racial group, Castaneda v. Partida, supra [430 U.S. 482] at 494, 51 L Ed 2d 498, 97 S Ct 1272 [at 1280], and that the prosecutor has exercised peremptory challenges to remove from the
Page 703
venire members of the defendant's race. Second, the defendant is entitled to rely on the fact, as to which there can be no dispute, that peremptory challenges constitute a jury selection practice that permits "those to discriminate who are of a mind to discriminate." Avery v. Georgia, supra [345 U.S. 559] at 562, 97 L Ed 1244, 73 S Ct 891 [at 892]. Finally, the defendant must show that these facts and any other relevant circumstances raise an inference that the prosecutor used that practice to exclude the veniremen from the petit jury on account of their race. This combination of factors in the empanelling of the petit jury, as in the selection of the venire, raises the necessary inference of purposeful discrimination.Batson, 476 U.S. at ----, 106 S.Ct. at 1723, 90 L.Ed.2d at 87-88. Once this prima facie showing is made, the burden shifts to the prosecution to present a neutral explanation for those juror challenges. In Griffith v. Kentucky, 479 U.S. ----, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987), the Supreme [293 S.C. 57] Court held that Batson would apply retroactively to all cases pending on direct review. 1 We therefore consider the issue raised by appellant although his trial took place prior to the Supreme Court's pronouncement in Batson of...
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People v. Johnson, No. S097600.
...to remove members of defendant's race from the jury.'" (State v. Holloway, supra, 553 A.2d at p. 172, fn. 4, quoting State v. Jones (1987) 293 S.C. 54, 358 S.E.2d 701, The majority also cites Stanley v. State (1988) 313 Md. 50, 542 A.2d 1267, which said that the defendant must "prove by a p......
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State v. Thomas, No. 15740
...the venire. (Internal quotation marks omitted.) State v. Holloway, supra, 209 Conn. at 646 n. 4, 553 A.2d 166, quoting State v. Jones, 293 S.C. 54, 57-58, 358 S.E.2d 701 (1987)." State v. Patterson, 37 Conn.App. 801, 805-807, 658 A.2d 121 (1995), rev'd on other grounds, 236 Conn. 561, 674 A......
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State v. Jones, No. 9378
...members of defendant's race from the venire.' " State v. Holloway, 209 Conn. 636, 646 n. 4, 553 A.2d 166 (1989), quoting State v. Jones, 293 S.C. 54, 57-58, 358 S.E.2d 701 Because Holloway departed from the Batson inquiry process, I would overrule our dicta in State v. Graham, 21 Conn.App. ......
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State v. Gill, No. 2379
...Id. at 96, 106 S.Ct. at 1723 (quoting Avery v. Georgia, 345 U.S. 559, 73 S.Ct. 891, 97 L.Ed. 1244 (1953)); see also State v. Jones, 293 S.C. 54, 358 S.E.2d 701 After the defendant demonstrates a prima facie case, the burden shifts to the prosecutor to show racially neutral reasons for the e......
-
People v. Johnson, No. S097600.
...to remove members of defendant's race from the jury.'" (State v. Holloway, supra, 553 A.2d at p. 172, fn. 4, quoting State v. Jones (1987) 293 S.C. 54, 358 S.E.2d 701, The majority also cites Stanley v. State (1988) 313 Md. 50, 542 A.2d 1267, which said that the defendant must "prove by a p......
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State v. Thomas, No. 15740
...the venire. (Internal quotation marks omitted.) State v. Holloway, supra, 209 Conn. at 646 n. 4, 553 A.2d 166, quoting State v. Jones, 293 S.C. 54, 57-58, 358 S.E.2d 701 (1987)." State v. Patterson, 37 Conn.App. 801, 805-807, 658 A.2d 121 (1995), rev'd on other grounds, 236 Conn. 561, 674 A......
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State v. Jones, No. 9378
...members of defendant's race from the venire.' " State v. Holloway, 209 Conn. 636, 646 n. 4, 553 A.2d 166 (1989), quoting State v. Jones, 293 S.C. 54, 57-58, 358 S.E.2d 701 Because Holloway departed from the Batson inquiry process, I would overrule our dicta in State v. Graham, 21 Conn.App. ......
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State v. Gill, No. 2379
...Id. at 96, 106 S.Ct. at 1723 (quoting Avery v. Georgia, 345 U.S. 559, 73 S.Ct. 891, 97 L.Ed. 1244 (1953)); see also State v. Jones, 293 S.C. 54, 358 S.E.2d 701 After the defendant demonstrates a prima facie case, the burden shifts to the prosecutor to show racially neutral reasons for the e......