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STATE v. GILL

No. 24670.

327 S.C. 253 (1997)

489 S.E.2d 478

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

Supreme Court of South Carolina.

Decided August 11, 1997.

Attorney(s) appearing for the Case

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.

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...

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