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Chavous v. Brown

Supreme Court of South Carolina
Aug 12, 1991
409 S.E.2d 356 (S.C. 1991)

Opinion

23254

Heard June 4, 1990.

Decided August 12, 1991.

Robert C. Brown, and J.R. Murphy, both of Brown Woods, Columbia, for petitioners. D. Lester Diggs, Aiken, for respondent.


Heard June 4, 1990.

Decided Aug. 12, 1991.


This case was originally before us on a writ of certiorari to review the Court of Appeals' decision reported at 299 S.C. 398, 385 S.E.2d 206 (Ct.App. 1989). We reversed the Court of Appeals' holding that Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), applies in a civil action 396 S.E.2d 98. Op. No. 23254 (S.C. S.Ct. filed Aug. 6, 1990). The United States Supreme Court subsequently issued its opinion in Edmonson v. Leesville Concrete Co., 500 U.S. 614, 111 S.Ct. 2077, 114 L.Ed.2d 660 (1991). On writ of certiorari ___ U.S. ___, 111 S.Ct. 2791, 115 L.Ed.2d 966, it remanded this case for reconsideration in light of its holding in Edmonson that the exercise of race-motivated peremptory strikes by a private civil litigant violates Batson.

Acceding to the high court's decision in Edmonson, we now consider the only issue remaining in this case: whether the Court of Appeals' holding that the race-neutral explanations for strikes exercised by petitioners against two female black jurors violated Batson because they were merely pretextual. See State v. Oglesby, 298 S.C. 279, 379 S.E.2d 891 (1989). We concur in the Court of Appeals' holding on this issue. Accordingly, the Court of Appeals' decision is now

Affirmed.


Summaries of

Chavous v. Brown

Supreme Court of South Carolina
Aug 12, 1991
409 S.E.2d 356 (S.C. 1991)
Case details for

Chavous v. Brown

Case Details

Full title:Alden CHAVOUS, Jr., Individually and as Guardian Ad Litem for Alden…

Court:Supreme Court of South Carolina

Date published: Aug 12, 1991

Citations

409 S.E.2d 356 (S.C. 1991)
409 S.E.2d 356

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