Anthony Green v. William D. Catoe, Director, South Carolina Department of Corrections Charles M. Condon, Attorney General, State of South Carolina

I agree with most of Judge King’s fine opinion. I agree that a “clear, settled rule” existed in South Carolina prior to Green’s case. Ante at 229. I agree that this rule provided that a defendant was entitled to a new trial (1) if he had wasted a peremptory challenge on a juror who should have been excused for cause and (2) had exhausted his peremptory challenges before the jury was impaneled. I agree that Green satisfied both portions of this rule. I agree that the Supreme Court of South Carolina’s holding that Green must demonstrate an additional element — deprivation of a fair trial, or…