October 2, 2013 South Carolina Court of Appeals published opinion

State v Scott

The trail court ruled that one of Scott’s peremptory challenges was based on race as the white juror was a warehouse manager which was similar to the African American teachers empaneled. The previously dismissed juror was selected for the jury and Scott was convicted of murder and other counts. The panel reversed holding that warehouse managers have hiring and firing authority over adults which school teachers did not have. Thus, Scott’s reason for the dismissal, being uncomfortable with a person with managerial authority over others serving on the jury, was race neutral, no similar African American jurors were retrained in the pool and the state did not present evidence of bias. Thus, the case must be remanded for a new trial.

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