South Dakota SCT Remands Conviction Appeal for Hearing on Potential Batson Violation (Race Discrimination in Jury Selection)

Here is the opinion in State v. Scott.

An excerpt:

Defendant was convicted of aggravated assault. On appeal, he alleges multiple errors in his trial. We affirm all issues but one. On that issue, we remand for further proceedings on a potential Batson violation.

Primeaux v. Dooley – Preemptory Striking of Indian Jurors

Here is the opinion from the South Dakota Supreme Court.

Like all the other cases on this subject, the court held that striking American Indians from the juror pool does not create enough racial disparity to justify reversal of a conviction of an American Indian. If Indians are too small a percentage of the general population in South Dakota, where would there ever be a violation?