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STATE v. CASEY

No. 2612.

325 S.C. 447 (1997)

481 S.E.2d 169

The STATE, Respondent, v. Howard Nelson CASEY, Appellant.

Court of Appeals of South Carolina.

Decided January 13, 1997.

Rehearing Denied February 21, 1997.

Attorney(s) appearing for the Case

L. Scott Harvin, Charleston, for appellant.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General G. Robert Deloach, III, Columbia; and Solicitor David P. Schwacke, N. Charleston, for respondent.

HOWELL, Chief Judge:

Howard Casey was convicted of driving under the influence (DUI). He appeals the trial court's denial of his Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), motion challenging five of the State's peremptory strikes. We affirm.

I.

At the close of jury selection, Casey moved under Batson to challenge the State's exercise...

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