State v. Walshaw ( 2013 )


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  • 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.
    Charles Brett Walshaw, Appellant.
    Appellate Case No. 2011-190811
    Appeal From York County
    John C. Hayes, III, Circuit Court Judge
    Unpublished Opinion No. 2013-UP-168
    Submitted March 1, 2013 – Filed April 24, 2013
    AFFIRMED
    Appellate Defender Dayne C. Phillips, of Columbia, for
    Appellant.
    Attorney General Alan McCrory Wilson, Chief Deputy
    Attorney General John W. McIntosh, Senior Assistant
    Deputy Attorney General Salley W. Elliott, and Assistant
    Attorney General Mark Reynolds Farthing, all of
    Columbia; and Solicitor Kevin S. Brackett, of York, for
    Respondent.
    PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
    authorities: State v. Sheppard, 
    391 S.C. 415
    , 420-21, 
    706 S.E.2d 16
    , 19 (2011)
    ("Our law is clear that a party must make a contemporaneous objection that is ruled
    upon by the trial judge to preserve an issue for appellate review."); id. at 421, 
    706 S.E.2d at 19
     (noting constitutional claims are not preserved for review without a
    contemporaneous objection at trial (citing State v. Owens, 
    378 S.C. 636
    , 638, 
    664 S.E.2d 80
    , 81 (2008))); State v. Vang, 
    353 S.C. 78
    , 85, 
    577 S.E.2d 225
    , 228 (Ct.
    App. 2003) (finding the defendant failed to preserve the issue of whether the jury
    prematurely deliberated because the defendant neither asked the trial court to
    individually question the jurors, nor failed to object to the trial court's ruling, after
    receiving a note from the jury and questioning the jury foreman, that further
    inquiry was unnecessary).
    AFFIRMED.1
    SHORT, THOMAS, and PIEPER, JJ., concur.
    1
    We decide this case without oral argument pursuant to Rule 215, SCACR.
    

Document Info

Docket Number: 2013-UP-168

Filed Date: 4/24/2013

Precedential Status: Non-Precedential

Modified Date: 10/22/2024