State v. Gill
Case Date: 01/01/1997
Docket No: 24670
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S.E. 2d THE STATE OF SOUTH CAROLINA In The Supreme Court The State, Respondent, v. Michael Jerrod Gill, Petitioner. ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Appeal From York County John C. Hayes, III, Judge .Opinion No. 24670 Heard October 1, 1996 - Filed August 11, 1997 AFFIRMED AS MODIFIED Chief Attorney Daniel T. Stacey, of South Carolina Office of Appellate Defense, of Columbia, for petitioner. Attorney General T. Travis Medlock, Chief Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General Harold M. Coombs, Jr. and Assistant Attorney General Rakale Buchanan Smith, all of Columbia; and Solicitor Thomas E. Pope, of York, for respondent. PER CURIAM: We granted certiorari to review the Court of Appeals' decision denying petitioner relief, by a vote of two-to-one, on his Batson1 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). 1Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). p38 STATE v. GILL Accordingly, we vacate the decision of the Court of Appeals, and affirm petitioner's conviction. |