State v. Hull-Kilgore ( 2012 )

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
The State, Respondent,
v.
J'Corey Hull-Kilgore, Appellant.
Appellate Case No. 2010-162289
Appeal From Spartanburg County
J. Derham Cole, Circuit Court Judge
Unpublished Opinion No. 2012-UP-531
Submitted August 1, 2012 – Filed September 19, 2012
AFFIRMED
Chief Appellate Defender Robert M. Dudek, of
Columbia, for Appellant.
Attorney General Alan Wilson, Chief Deputy Attorney
General John W. McIntosh, Senior Assistant Deputy
Attorney General Donald J. Zelenka, and Assistant
Attorney General Brendan J. McDonald, all of Columbia;
and Solicitor Barry J. Barnette, of Spartanburg, for
Respondent.
__________
PER CURIAM: Affirmed1 pursuant to Rule 220(b), SCACR, and the following
authorities:
1. As to whether the trial court erred in declining to instruct the jury on the
lesser included offense of voluntary manslaughter: State v. Norris, 253 S.C. 31, 35,
168 S.E.2d 564, 565 (1969) ("[O]n a trial for murder growing out of the use of a
deadly weapon, it is unnecessary to charge the law relating to manslaughter where
the testimony fails to suggest any theory upon which a verdict of manslaughter
could rest.").
2. As to whether the trial court erred in allowing the solicitor to impeach Hull-
Kilgore with prior convictions: Green v. State, 338 S.C. 428, 433, 527 S.E.2d 98,
101 (2000) ("We decline to hold similar prior convictions inadmissible in all cases.
Trial courts must weigh the probative value of the prior convictions against their
prejudicial effect to the accused and determine, in their discretion, whether to
admit the evidence."); State v. Rollins, 348 S.C. 649, 651-53, 560 S.E.2d 450, 451-
52 (Ct. App. 2002) (allowing introduction of prior convictions for impeachment
purposes on nearly identical grounds).
AFFIRMED.
HUFF, THOMAS, and GEATHERS, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.