By Betsy Finklea
Damien Inman, who was found guilty in the 2009 robbery, kidnapping, and murder of 75-year-old Mary Alice Stutts, will get a new trial.
An appeal was heard in the case on March 4, 2014. The opinion was filed on June 18, 2014.
The opinion states that “the circuit court improperly granted the State’s Batson motion and denied the appellant (Inman) his right to exempt peremptory challenges.”
The opinion further states the following: “When an appellate court finds that the circuit court improperly granted a Batson motion, and ‘one of the disputed jurors is seated on the jury, then the erroneous Batson ruling has tainted the jury and prejudice is presumed in such cases ‘because there is no way to determine with any degree of certainty whether a defendant’s right to a fair trial by an impartial jury was abridged.’ Edwards, 384
S.C. at 509, 682 S.E.2d at 823 (quoting State v. Rayfield, 369 S.C. 106, 114, 631 S.E.2d 244, 248 (2006)). ‘The proper remedy in such cases is the granting of a new trial.” Id.; see also Ford, 334 S.C. at 66, 512 S.E.2d at 504 (‘[B]ecause appellant established he was wrongfully denied the right to exercise a peremptory challenge, we reverse his conviction.’). Accordingly, we reverse Appellant’s convictions and grant Appellant a new trial.”