State v. Gill

The STATE, Respondent, v. Michael Jerrod GILL, Petitioner

State v. Gill, 489 S.E.2d 478 (S.C. 1997)

Court: Supreme Court of South Carolina · State Highest Courts
Decided: August 11, 1997
Docket: No. 24670
Judges: Per Curiam
Citations: 489 S.E.2d 478327 S.C. 2531997 S.C. LEXIS 158

Cited by 4 2 descriptions by later courts

Opinion — Per Curiam

*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.

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

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

(finding a Batson issue is not properly preserved for review when it was not raised to or ruled upon by the trial court)

State v. Calvin, No. 2010-UP-463 (S.C. Ct. App. Oct. 25, 2010)
(summary report prepared by police for use in prosecuting case not subject to disclosure under Rule 5)

State v. Hughes, 521 S.E.2d 500 (S.C. 1999)

Cited by 4 cases

View all citing references →

Relies on it most ⓘ

Payton v. Kearse495 S.E.2d 205 (S.C. 1998)
State v. Myers596 S.E.2d 488 (S.C. 2004)
State v. Hughes521 S.E.2d 500 (S.C. 1999)
State v. CalvinNo. 2010-UP-463 (S.C. Ct. App. Oct. 25, 2010)

Most recent

State v. CalvinNo. 2010-UP-463 (S.C. Ct. App. Oct. 25, 2010)
State v. Myers596 S.E.2d 488 (S.C. 2004)
State v. Hughes521 S.E.2d 500 (S.C. 1999)
Payton v. Kearse495 S.E.2d 205 (S.C. 1998)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Batson v. Kentucky, 476 U.S. 79 (1986)	13,828
	Smith v. Phillips, 458 S.E.2d 427 (S.C. 1995)	34
	State v. Gill, 460 S.E.2d 412 (S.C. Ct. App. 1995)	7

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