From Casetext: Smarter Legal Research

State v. Gill

Supreme Court of South Carolina
Aug 11, 1997
327 S.C. 253 (S.C. 1997)

Summary

finding 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"

Summary of this case from Boan v. Warden of Lee Corr. Inst.

Opinion

No. 24670

Heard October 1, 1996

Decided August 11, 1997

Appeal From Circuit Court, York County, John C. Hayes, III, J.

Chief Attorney Daniel T. Stacey, of South Carolina Office of Appellate Defense, Columbia, for petitioner.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Caroline Callison Tiffin, Columbia; and Solicitor Thomas E. Pope, York, for respondent.


We granted certiorari to review the Court of Appeals' decision denying petitioner relief, by a vote of two-to-one, on his Batson 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.

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


Summaries of

State v. Gill

Supreme Court of South Carolina
Aug 11, 1997
327 S.C. 253 (S.C. 1997)

finding 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"

Summary of this case from Boan v. Warden of Lee Corr. Inst.
Case details for

State v. Gill

Case Details

Full title:The STATE, Respondent, v. Michael Jerrod GILL, Petitioner

Court:Supreme Court of South Carolina

Date published: Aug 11, 1997

Citations

327 S.C. 253 (S.C. 1997)
489 S.E.2d 478

Citing Cases

State v. Myers

Thus, the July letter was an internal prosecution document and not subject to discovery. SeeState v. Gill,…

Payton v. Kearse

While this Court affirmed the conviction of Gill, it vacated the opinion of the Court of Appeals on the…