Sumpter v. State
Citation | 439 S.E.2d 842,312 S.C. 221 |
Decision Date | 07 October 1993 |
Docket Number | No. 23982,23982 |
Parties | Keith R. SUMPTER, Petitioner, v. STATE of South Carolina, Respondent. . Heard |
Court | South Carolina Supreme Court |
Asst. Appellate Defender M. Anne Pearce, of S.C. Office of Appellate Defense, for petitioner.
Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. James Patrick Hudson, Asst. Atty. Gen. Delbert H. Singleton, Jr., and Staff Atty. Carl W. Stent, for respondent.
We granted petitioner a writ of certiorari to review his direct appeal issue pursuant to Davis v. State, 288 S.C. 290, 342 S.E.2d 60 (1986). Petitioner appeals the trial court's determination that the solicitor did not violate Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). We affirm.
Petitioner was convicted of possession with intent to distribute (PWID) heroin and PWID cocaine. He was sentenced to two twelve-year sentences to run concurrently. Petitioner's direct appeal was abandoned and he sought post-conviction relief (PCR). The PCR judge found petitioner did not knowingly, intelligently, and voluntarily abandon his direct appeal and therefore was entitled to a belated review under White v. State, 263 S.C. 110, 208 S.E.2d 35 (1974). We affirm the PCR judge's order and review petitioner's direct appeal issues.
Did the trial judge err in holding the solicitor did not violate Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986)?
Petitioner contends the state exercised its peremptory strikes in violation of Batson. Petitioner is a black male and the solicitor exercised two strikes, both against black jurors.
The solicitor explained his reason for striking Juror # 90, Mr. Wright:
I had him earlier this week on a jury we picked and I struck him at that time. He's quite young and I felt that having struck him last time, in addition to his age, that I should strike him again.
Petitioner objected on the ground that the solicitor did not apply this reason in a race neutral manner because two young white jurors age 26 and 31 years old were seated. Petitioner has the burden to prove the solicitor's allegedly neutral reasons are pretextual because not applied equally to white jurors. State v. Johnson, 302 S.C. 243, 395 S.E.2d 167 (1990). The record does not indicate Mr Wright's age. Therefore, we find no error based on the record before us.
Furthermore, we find the solicitor's additional explanation that he struck Mr. Wright because he had struck him earlier in the week is also race neutral. See Feddiman v. State, 558 A.2d 278 (Del.1989) ( ).
The solicitor explained his reason for striking Juror # 82, Mr. Washington:
Mr. Washington has a prior DUI involvement. I did put another person with a DUI on the jury, the difference being that with regards to the one I did put on--I don't have that number, but at any rate I understand from Mr. Dupre in our office that he handled that case and felt as though he might not be a fair and reasonable juror.
So with that recommendation, Your Honor, I didn't want to put him on the jury.
This case can be distinguished from State v. Marble, --- S.C. ----, 426 S.E.2d 744 (1992), where this Court held when a solicitor relies on a third person's reason for striking a juror, the third person's reason must be provided. Here, the solicitor explained that Mr. Dupre, an assistant solicitor from his office, suggested striking Mr. Washington because of some prior DUI involvement which Mr. Dupre handled.
This case can also be distinguished from State v. Oglesby, 298 S.C. 279, 379 S.E.2d 891 (1989), where this Court stated the reason for striking a juror must be applied in a neutral manner. Here, the solicitor stated he struck Mr. Washington because he had a DUI involvement which his office handled. The burden is on the defense to prove that the solicitor's allegedly neutral reason was pretextual because it was not applied in a neutral manner. Johnson, supra. No evidence was presented that the white juror who was seated had the same disqualification as Mr. Washington, i.e. a DUI involvement which was handled by this particular solicitor's office.
The Solicitor's striking of a black juror in reliance on an Assistant Solicitor who...
To continue reading
Request your trial-
State v. Gill
...to prove that the solicitor's allegedly neutral reason was pretextual because it was not applied in a neutral manner. Sumpter v. State, 312 S.C. 221, 439 S.E.2d 842 (1994). Here, the white juror apparently requested to be excused from jury duty because her husband was ill. The reason for he......
-
State v. Edwards
...of demeanor observed during qualification; juror appeared to be "slow"). 2. Recipient of prior strike. See Sumpter v. State, 312 S.C. 221, 223, 439 S.E.2d 842, 844 (1994) ("we find the solicitor's additional explanation that he struck Mr. Wright because he had struck him earlier in the week......
-
State v. Cochran
...because of demeanor observed during qualification; juror appeared to be "slow"). 2. Recipient of prior strike. See Sumpter v. State, 312 S.C. 221, 439 S.E.2d 842 (1994) ("we find the solicitor's additional explanation that he struck Mr. Wright because he had struck him earlier in the week i......
-
State v. Easler
...that he disliked Mr. Dawkins' demeanor, the trial judge did not err in granting the State's Batson motion. See Sumpter v. State, 312 S.C. 221, 439 S.E.2d 842 (1994) (the trial judge's findings of purposeful discrimination rest largely on his evaluation of demeanor and credibility, and the r......