Opinion

Chavous v. Brown

  • 305 S.C. 387
  • 409 S.E.2d 356
  • 1991 S.C. LEXIS 173
Court
Supreme Court of South Carolina
Filed
Aug 12, 1991
Status
Published
On the bench
Per Curiam
Cited by
6 cases
Authority
More cited than 69.9%

opinion on remand from Supreme Court

How later courts described this case

  • opinion on remand from Supreme Court

Written by the judges who cited it.

The opinion

Per Curiam:

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. —, 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.