State v. Scott

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 to perform the missing analysis. See State v. Scott, 2013 S.D. 31, ¶¶ 22-23, 829 N.W.2d 458, 466-67. On remand, the circuit court, with a new judge presiding, performed the third step…