proponent challenge (South Carolina) · Go Syfert
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proponent challenge in South Carolina

11 South Carolina opinions name it 2 courts 1997–2026 4 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
State v. Gilesgreen
sc · 2014 · cited in 6 South Carolina opinions naming this issue, 2015–2026
2 sentences

2026See id. ("[T]he second step . . . requires the proponent of the challenge to provide a race neutral explanation for the challenge."); id. at 22, 754 S.E.2d at 265 ("The explanation . . . may not be so general or vague that it deprives the opponent of the challenge of the ability to meet the burden to show, or the trial court the ability to determine whether, the reason given is pretextual.").

2025See Giles, 407 S.C. at 18 , 754 S.E.2d at 263 (holding that the second step of the Batson analysis requires the proponent of the challenge to provide a gender-neutral explanation for the challenge); id. at 21-22 , 754 S.E.2d at 265 (finding the explanation for the second step of the Batson test must "be clear and reasonably specific such that the opponent of the challenge has a full and fair opportunity to demonstrate pretext in the reason given and the trial court to fulfill its duty to assess the plausibility of the reason in light of all the evidence"); State v. Wright, 354 S.C. 48, 55 , 57

66
Batson v. Kentuckygreen
scotus · 1986 · cited in 3 South Carolina opinions naming this issue, 2014–2026
2 sentences

2026See id. ("[T]he second step . . . requires the proponent of the challenge to provide a race neutral explanation for the challenge."); id. at 22, 754 S.E.2d at 265 ("The explanation . . . may not be so general or vague that it deprives the opponent of the challenge of the ability to meet the burden to show, or the trial court the ability to determine whether, the reason given is pretextual.").

2016Id. (internal citation omitted).

13
Hernandez v. New Yorkgreen
scotus · 1991 · cited in 1 South Carolina opinions naming this issue, 2025–2025
2 sentences

2025Third, the trial court determined the State met its burden to prove Pollock's reasoning was mere pretext because the State demonstrated Pollock's explanation was "fundamentally implausible." See Edwards, 384 S.C. at 508-09 , 682 S.E.2d at 823 (finding that in the third step of the Batson analysis, "[t]he opponent must show the race or gender-neutral explanation was mere pretext, which is generally established by showing the party did not strike a similarly situated member of another race or gender"); id. ("Under some circumstances, the explanation given by the proponent may be so fundamentally

2025Third, the trial court determined the State met its burden to prove Pollock's reasoning was mere pretext because the State demonstrated Pollock's explanation was "fundamentally implausible." See Edwards, 384 S.C. at 508-09 , 682 S.E.2d at 823 (finding that in the third step of the Batson analysis, "[t]he opponent must show the race or gender-neutral explanation was mere pretext, which is generally established by showing the party did not strike a similarly situated member of another race or gender"); id. ("Under some circumstances, the explanation given by the proponent may be so fundamentally

11
State v. Wrightgreen
scctapp · 2003 · cited in 1 South Carolina opinions naming this issue, 2025–2025
2 sentences

2025See Giles, 407 S.C. at 18 , 754 S.E.2d at 263 (holding that the second step of the Batson analysis requires the proponent of the challenge to provide a gender-neutral explanation for the challenge); id. at 21-22 , 754 S.E.2d at 265 (finding the explanation for the second step of the Batson test must "be clear and reasonably specific such that the opponent of the challenge has a full and fair opportunity to demonstrate pretext in the reason given and the trial court to fulfill its duty to assess the plausibility of the reason in light of all the evidence"); State v. Wright, 354 S.C. 48, 55 , 57

2025See Giles, 407 S.C. at 18 , 754 S.E.2d at 263 (holding that the second step of the Batson analysis requires the proponent of the challenge to provide a gender-neutral explanation for the challenge); id. at 21-22 , 754 S.E.2d at 265 (finding the explanation for the second step of the Batson test must "be clear and reasonably specific such that the opponent of the challenge has a full and fair opportunity to demonstrate pretext in the reason given and the trial court to fulfill its duty to assess the plausibility of the reason in light of all the evidence"); State v. Wright, 354 S.C. 48, 55 , 57

11
State v. Edwardsgreen
sc · 2009 · cited in 1 South Carolina opinions naming this issue, 2025–2025
2 sentences

2025Third, the trial court determined the State met its burden to prove Pollock's reasoning was mere pretext because the State demonstrated Pollock's explanation was "fundamentally implausible." See Edwards, 384 S.C. at 508-09 , 682 S.E.2d at 823 (finding that in the third step of the Batson analysis, "[t]he opponent must show the race or gender-neutral explanation was mere pretext, which is generally established by showing the party did not strike a similarly situated member of another race or gender"); id. ("Under some circumstances, the explanation given by the proponent may be so fundamentally

2025Third, the trial court determined the State met its burden to prove Pollock's reasoning was mere pretext because the State demonstrated Pollock's explanation was "fundamentally implausible." See Edwards, 384 S.C. at 508-09 , 682 S.E.2d at 823 (finding that in the third step of the Batson analysis, "[t]he opponent must show the race or gender-neutral explanation was mere pretext, which is generally established by showing the party did not strike a similarly situated member of another race or gender"); id. ("Under some circumstances, the explanation given by the proponent may be so fundamentally

11
State v. Chavisgreen
sc · 2015 · cited in 1 South Carolina opinions naming this issue, 2021–2021
2 sentences

2021See Giles, 407 S.C. at 21–22, 754 S.E.2d at 265 (stating that explanation provided by the proponent of the challenge does not have to be persuasive or even plausible, but it must be "clear and reasonably specific" to allow the opponent of the strike a chance to show pretext and to allow the court to evaluate the strike); id. at 22 , 754 S.E.2d at 265 ("Reasonable specificity is necessary because comparison to other members of the venire for purposes of a disparate treatment analysis, which is often used at the third step of the Batson process to determine if purposeful discrimination has occur

2021See Giles, 407 S.C. at 21–22, 754 S.E.2d at 265 (stating that explanation provided by the proponent of the challenge does not have to be persuasive or even plausible, but it must be "clear and reasonably specific" to allow the opponent of the strike a chance to show pretext and to allow the court to evaluate the strike); id. at 22 , 754 S.E.2d at 265 ("Reasonable specificity is necessary because comparison to other members of the venire for purposes of a disparate treatment analysis, which is often used at the third step of the Batson process to determine if purposeful discrimination has occur

11
State v. Wattsgreen
scctapp · 1995 · cited in 1 South Carolina opinions naming this issue, 1997–1997
2 sentences

1997While “[m]erely denying a discriminatory motive” is insufficient, State v. Watts, 320 S.C. 377, 380 , 465 S.E.2d 359, 362 (Ct.App.1995), the proponent of the strike need only present race or gender neutral *452 reasons.

1997While “[m]erely denying a discriminatory motive” is insufficient, State v. Watts, 320 S.C. 377, 380 , 465 S.E.2d 359, 362 (Ct.App.1995), the proponent of the strike need only present race or gender neutral *452 reasons.

11
State v. Easlergreen
scctapp · 1996 · cited in 1 South Carolina opinions naming this issue, 1997–1997
2 sentences

1997Under step two, the proponent of the challenge does “not have any burden of presenting reasonably specific, legitimate explanations for the strikes.” State v. Easler, 322 S.C. 333, 350 , 471 S.E.2d 745, 755 (Ct.App.1996) (citations omitted).

1997Under step two, the proponent of the challenge does “not have any burden of presenting reasonably specific, legitimate explanations for the strikes.” State v. Easler, 322 S.C. 333, 350 , 471 S.E.2d 745, 755 (Ct.App.1996) (citations omitted).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State v. Gentry green
sc · 2005
2 sentences

2025See Giles, 407 S.C. at 18 , 754 S.E.2d at 263 (holding that the second step of the Batson analysis requires the proponent of the challenge to provide a gender-neutral explanation for the challenge); id. at 21-22 , 754 S.E.2d at 265 (finding the explanation for the second step of the Batson test must "be clear and reasonably specific such that the opponent of the challenge has a full and fair opportunity to demonstrate pretext in the reason given and the trial court to fulfill its duty to assess the plausibility of the reason in light of all the evidence"); State v. Wright, 354 S.C. 48, 55 , 57

2025See Giles, 407 S.C. at 18 , 754 S.E.2d at 263 (holding that the second step of the Batson analysis requires the proponent of the challenge to provide a gender-neutral explanation for the challenge); id. at 21-22 , 754 S.E.2d at 265 (finding the explanation for the second step of the Batson test must "be clear and reasonably specific such that the opponent of the challenge has a full and fair opportunity to demonstrate pretext in the reason given and the trial court to fulfill its duty to assess the plausibility of the reason in light of all the evidence"); State v. Wright, 354 S.C. 48, 55 , 57

12025–2025
Miller-El v. Dretke green
scotus · 2005
1 sentence

2024Reasonable specificity is necessary because comparison to other members of the venire for purposes of a disparate treatment analysis, which is often used at the third step of the Batson process to determine if purposeful discrimination has occurred, is impossible if the proponent of the challenge provides only a vague or 3 Miller-El v. Dretke, 545 U.S. 231 (2005). very general explanation.

12024–2024
Bagwell v. Pennsylvania Department of Education green
pacommwct · 2014
1 sentence

2019There is also general agreement among many courts and circuits that once a prima facie case of privilege is established by a proponent, the party challenging the privilege then has the burden to establish that the communications in question are otherwise discoverable under an exception or waiver." (internal citations omitted)), and Bagwell v. Pa. Dep't of Educ. , 103 A.3d 409 , 420 (Pa. Commw.

12019–2019

Where else courts name it

AZ 304 (1980–2026) VA 205 (1992–2026) TX 153 (1988–2025) MO 63 (1968–2024) NY 60 (1895–2026) OH 59 (1997–2026) CA 52 (1915–2026) KY 28 (2002–2025) MI 27 (1975–2025) IL 21 (1887–2025) NV 20 (1998–2021) PA 19 (1985–2025) WA 18 (1975–2023) FL 18 (1971–2023) CO 12 (1986–2025) OR 11 (1984–2025) SC 11 (1997–2026) NM 10 (1985–2025) CT 7 (2000–2021) IN 6 (1986–2019) DC 6 (1980–2025) MN 6 (1986–1991) MD 6 (1992–2016) MA 6 (1997–2016) DE 5 (1989–2022) WY 5 (1979–1982) TN 5 (1939–2021) NC 4 (1992–2011) ID 4 (1960–2023) RI 4 (2001–2007) VT 4 (2024–2026) AR 4 (2002–2025) MS 4 (1990–2010) GA 3 (2014–2024) NJ 2 (1993–1995) WI 2 (2006–2011) LA 2 (1975–1996) NE 2 (2023–2024) OK 2 (1992–1993) AL 2 (1982–2011) ND 2 (2012–2012) SD 2 (1917–2004) VI 2 (2012–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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