Ham v. South Carolina
| Ham v. South Carolina | |
|---|---|
| Argued November 6, 1972 Decided January 17, 1973 | |
| Full case name | Gene Ham v. State of South Carolina |
| Citations | 409 U.S. 524 (more) 93 S. Ct. 848; 35 L. Ed. 2d 46; 1973 U.S. LEXIS 115 |
| Case history | |
| Prior | The General Sessions Court of Florence County convicted Gene Ham of drug possession. The South Carolina Supreme Court, 256 S.C. 1, 180 S.E.2d 628 (1971), affirmed. The United States Supreme Court, 404 U.S. 1057, 92 S. Ct. 744, 30 L. Ed. 2d 745 (1972), granted certiorari. |
| Holding | |
| The trial court's refusal to question the jurors as to their racial bias after petitioner's timely request denied the petitioner a fair trial in violation of the Due Process Clause of the Fourteenth Amendment. South Carolina Supreme Court reversed and remanded. | |
| Court membership | |
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| Case opinions | |
| Majority | Rehnquist, joined by Burger, Brennan, Stewart, White, Blackmun, Powell |
| Concur/dissent | Marshall |
| Concur/dissent | Douglas |
| Laws applied | |
| U.S. Const. amend. XIV | |
Ham v. South Carolina, 409 U.S. 524 (1973), was a United States Supreme Court decision concerning examinations of prospective jurors during voir dire. The Court held that the trial court's failure to "have the jurors interrogated on the issue of racial bias" violated the petitioner's due process right under the Fourteenth Amendment. This right does not extend to any question of bias, but it does not preclude questions of relevant biases.