State v. Gill

Supreme Court of South Carolina

State v. Gill

489 S.E.2d 478, 327 S.C. 253, 1997 S.C. LEXIS 158

CourtSupreme Court of South Carolina

DecidedAugust 11, 1997

Docket24670

StatusPublished

Cited by5 cases

This text of 489 S.E.2d 478 (State v. Gill) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Gill, 489 S.E.2d 478, 327 S.C. 253, 1997 S.C. LEXIS 158 (S.C. 1997).

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Opinion

*254 PER CURIAM:

We granted certiorari to review the Court of Appeals’ decision denying petitioner relief, by a vote of two-to-one, on his Batson 1 claim. State v. Gill, 319 S.C. 283, 460 S.E.2d 412 (Ct.App.1995). We find the Court of Appeals erred in reaching the Batson “mixed motive” issue because it was not properly preserved for appeal, never having been raised to or ruled upon by the trial judge, see, e.g., Smith v. Phillips, 318 S.C. 453, 458 S.E.2d 427 (1995).

Accordingly, we vacate the decision of the Court of Appeals, and affirm petitioner’s conviction.

1

. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).

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*254 PER CURIAM:

We granted certiorari to review the Court of Appeals’ decision denying petitioner relief, by a vote of two-to-one, on his Batson 1 claim. State v. Gill, 319 S.C. 283, 460 S.E.2d 412 (Ct.App.1995). We find the Court of Appeals erred in reaching the Batson “mixed motive” issue because it was not properly preserved for appeal, never having been raised to or ruled upon by the trial judge, see, e.g., Smith v. Phillips, 318 S.C. 453, 458 S.E.2d 427 (1995).

Accordingly, we vacate the decision of the Court of Appeals, and affirm petitioner’s conviction.

1

. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).

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Bluebook (online)

489 S.E.2d 478, 327 S.C. 253, 1997 S.C. LEXIS 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gill-sc-1997.

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