Legal Opinion · Dissent

State v. Finney

South Dakota Supreme Court

Decided July 27, 1983No. 13956Published

1DissentHenderson, Justice

I dissent. There should be no injection of race into jury deliberations and the foreperson in this case had her will overcome by manifestations and accusations of racial prejudice. There can be no place in our system of American Jurisprudence for arriving at a verdict of either innocence or guilt by the intimidation of a juror through appeal of racial prejudice. This jury room became a room of bigotry, bias, and terror. This verdict was infected by racial considerations. Such cannot be in a free society. The heart of the jury process, impartial deliberation, was destroyed. It was an…

2Cases cited19 opinions

  1. Coleman v. AlabamaSupreme Court of the United States · 1970
  2. McDonald v. PlessSupreme Court of the United States · 1915
  3. United States of America Ex Rel. Craig S. Owen v. Hon. Daniel J. McMann Warden of Auburn State Prison, Auburn, New YorkCourt of Appeals for the Second Circuit · 1970
  4. United States v. Jessie Kenneth McKinneyCourt of Appeals for the Fifth Circuit · 1970
  5. United States of America Ex Rel. James C. Haynes v. Charles L. McKendrick Warden, Wallkill State Prison, Walkill, New YorkCourt of Appeals for the Second Circuit · 1973

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