State v. Rayfield

631 S.E.2d 244, 369 S.C. 106, 2006 S.C. LEXIS 187
CourtSupreme Court of South Carolina
DecidedMay 30, 2006
Docket26155
StatusPublished
Cited by38 cases

This text of 631 S.E.2d 244 (State v. Rayfield) 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. Rayfield, 631 S.E.2d 244, 369 S.C. 106, 2006 S.C. LEXIS 187 (S.C. 2006).

Opinions

Justice BURNETT:

We granted a writ of certiorari to review the Court of Appeals’ opinion in State v. Rayfield, 357 S.C. 497, 593 S.E.2d 486 (Ct.App.2004). We affirm.

[110]*110FACTUAL AND PROCEDURAL BACKGROUND

Bynum Rayfield (Petitioner) was convicted of three counts of first-degree criminal sexual conduct (CSC) with a minor, three counts of committing a lewd act upon a child, and one count of contributing to the delinquency of a minor. Petitioner was sentenced to concurrent terms of imprisonment of thirty years for CSC, fifteen years for lewd acts, and three years for contributing to delinquency.

During the initial jury selection, Petitioner exercised peremptory challenges against five members of the jury venire: five white females, one of whom was a potential alternate, and one white male. The petit jury selected was composed of nine males and three females. The alternates were one male and one female.

After the jury was selected, the State moved the court pursuant to Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), to find that Petitioner had exercised his peremptory challenges based on gender.1 The State’s main argument was that Petitioner had discriminatorily challenged female jurors, but the State also argued that Petitioner had discriminatorily challenged one male juror, the only male he challenged.

The trial judge found no Batson violation with respect to the female jurors. The trial judge did find a violation with respect to the one male, Juror # 70; therefore, the judge granted the State’s motion and redrew the jury. None of the jurors initially challenged by Petitioner was selected for the second jury. No Batson motion was made, and the second jury served at trial.

Later, during the hearing on requests to charge, Petitioner objected to the trial judge charging the jury that under South Carolina Code Ann. § 16-3-657 (2003), “the testimony of a victim need not be corroborated in prosecutions” for CSC with a minor. Petitioner argued that the charge improperly implies that the alleged victim’s testimony is more credible than [111]*111other "witnesses’ testimony. The trial judge disagreed and gave the charge.

Alter the jury returned with guilty verdicts, Petitioner moved for a new trial based both on the trial judge’s redrawing of the jury and on the charge to the jury. The judge court denied the motion on both grounds.

Petitioner appealed the convictions and the Court of Appeals affirmed. The Court of Appeals held that the trial judge had erred in granting the State’s Batson motion, because “no gender based discrimination was associated with the striking of’ the one male juror. Rayfield, 357 S.C. at 503, 593 S.E.2d at 490. The Court of Appeals further held, however, that the trial judge’s error was harmless because none of the jurors whom Petitioner excused from the original jury served on the trial jury. Id. at 504, 593 S.E.2d at 490. According to the Court of Appeals, its holding was required under our opinion in State v. Adams, 322 S.C. 114, 470 S.E.2d 366 (1996). Id.

With respect to the jury charge, the Court of Appeals held that the trial judge had committed no error. The Court of Appeals noted that the no-corroboration charge withstood appellate scrutiny in State v. Schumpert, 312 S.C. 502, 435 S.E.2d 859 (1993). Rayfield, 357 S.C. at 505, 593 S.E.2d at 491. The Court of Appeals held that the charge as a whole was proper. Id.

ISSUES

I. Did the Court of Appeals err in holding that the trial judge, in granting a groundless Batson motion by the State, committed harmless error in quashing the original jury and drawing a new one?
II. Did the Court of Appeals err in holding that the trial judge properly charged Section 16-3-657 to the jury?

LAW AND ANALYSIS

I. BATSON MOTION

Petitioner argues the Court of Appeals erred in holding that, although the trial judge erred in granting the State’s groundless Batson motion, Petitioner failed to demonstrate he was prejudiced by the error. Allowing the State to pursue a [112]*112meritless Batson motion as a strategic ploy to draw a jury more to its liking is inconsistent with the State’s duty to ensure that justice is done even while striving vigorously to obtain a conviction. Petitioner contends he was unfairly prejudiced due to the improper advantage gained by the State and, in any event, he should not be required to demonstrate prejudice in this instance because any remedy short of a new trial rewards the State for using an improper trial tactic.

“The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution prohibits the striking of a venire person on the basis of race or gender.” State v. Shuler, 344 S.C. 604, 615, 545 S.E.2d 805, 810 (2001). “The purposes of Batson and its progeny are to protect the defendant’s right to a fair trial by a jury of the defendant’s peers, protect each venireperson’s right not to be excluded from jury service for discriminatory reasons, and preserve public confidence in the fairness of our system of justice by seeking to eradicate discrimination in the jury selection process.” State v. Haigler, 334 S.C. 623, 628-29, 515 S.E.2d 88, 90 (1999). Both the State and defendants are prohibited from discriminatorily exercising a peremptory challenge of a prospective juror. Georgia v. McCollum, 505 U.S. 42, 58, 112 S.Ct. 2348, 2358-59, 120 L.Ed.2d 33 (1992).

We set forth the proper procedure for a Batson hearing in State v. Adams, 322 S.C. 114, 470 S.E.2d 366 (1996) (citing Purkett v. Elem, 514 U.S. 765, 115 S.Ct. 1769, 131 L.Ed.2d 834 (1995)). After a party objects to a jury strike, the proponent of the strike must offer a facially race-neutral explanation. This explanation is not required to be persuasive or even plausible. Once the proponent states a reason that is race-neutral, the burden is on the party challenging the strike to show the explanation is mere pretext, either by showing similarly situated members of another race were seated on the jury or the reason given for the strike is so fundamentally implausible as to constitute mere pretext despite a lack of disparate treatment. Adams, 322 S.C. at 123-24, 470 S.E.2d at 371-72; Haigler, 334 S.C. at 629-30, 515 S.E.2d at 90-91.

The Court of Appeals correctly held that the trial judge erred in granting the State’s meritless Batson motion and redrawing the jury. The record contains no evidence [113]*113Petitioner struck the male juror based on gender. During the Batson

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Cite This Page — Counsel Stack

Bluebook (online)
631 S.E.2d 244, 369 S.C. 106, 2006 S.C. LEXIS 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rayfield-sc-2006.