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STATE v. SCOTT

No. 26819.

849 N.W.2d 640 (2014)

2014 SD 36

STATE of South Dakota, Plaintiff and Appellee, v. Derrick SCOTT, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 25, 2014.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Paul S. Swedlund , Bethanna Feist, Assistant Attorneys General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Paul E. Pietz of Rensch Law Office, PLC, Rapid City, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶ 1.] A jury found Derrick Scott guilty of aggravated assault. Scott appealed to this Court, arguing that the State's peremptory strike of a Native American veniremember violated the Equal Protection Clause as applied in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Because the circuit court did not perform the third step of the Batson analysis, we remanded for the court...

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