Supreme Court of South Carolina, 1986

State v. Hawkins

State v. Hawkins
Supreme Court of South Carolina · Decided June 6, 1986
347 S.E.2d 98; 289 S.C. 482; 1986 S.C. LEXIS 443 (South Eastern Reporter, Second Series)

State v. Hawkins

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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