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State v. Hawkins

Supreme Court of South Carolina
Jun 6, 1986
347 S.E.2d 98 (S.C. 1986)

Opinion

June 6, 1986.


June 6, 1986.

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.


Summaries of

State v. Hawkins

Supreme Court of South Carolina
Jun 6, 1986
347 S.E.2d 98 (S.C. 1986)
Case details for

State v. Hawkins

Case Details

Full title:The State, Respondent v. Calvin HAWKINS, Appellant

Court:Supreme Court of South Carolina

Date published: Jun 6, 1986

Citations

347 S.E.2d 98 (S.C. 1986)
347 S.E.2d 98

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