State v. Hawkins

Supreme Court of South Carolina

State v. Hawkins

347 S.E.2d 98, 289 S.C. 482, 1986 S.C. LEXIS 443

CourtSupreme Court of South Carolina

DecidedJune 6, 1986

StatusPublished

Cited by5 cases

This text of 347 S.E.2d 98 (State v. Hawkins) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Hawkins, 347 S.E.2d 98, 289 S.C. 482, 1986 S.C. LEXIS 443 (S.C. 1986).

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Opinion

ORDER

Appellant moves to remand for 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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ORDER

Appellant moves to remand for 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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Bluebook (online)

347 S.E.2d 98, 289 S.C. 482, 1986 S.C. LEXIS 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hawkins-sc-1986.

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