State v. McMillian

We granted a writ of certiorari to review the Court of Appeals’ unpublished opinion in State v. McMillian, Op. No. 2000-UP-257 (S.C. Ct.App. filed April 5, 2000). We reverse and remand for a new trial.

FACTS

Petitioner, Tracy McMillian, was indicted for first-degree burglary in regard to the May 25, 1996 burglary of the residence of his cousin, Diane Macon. He was initially tried on January 5-6, 1998. McMillian’s first trial resulted in a mistrial, when the jury could not reach a verdict. The jury advised the trial judge it was deadlocked after re-hearing the testimony of the state’s only…