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

Supreme Court of South Carolina·Decided August 11, 1997·No. 24670·Published·Cited by 5 cases

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).

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

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