State v. Poe ( 2014 )


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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.
    Carolyn Poe, Appellant.
    Appellate Case No. 2013-000356
    Appeal From Aiken County
    J. Derham Cole, Circuit Court Judge
    Unpublished Opinion No. 2014-UP-447
    Submitted October 1, 2014 – Filed December 10, 2014
    AFFIRMED
    Appellate Defender Benjamin John Tripp, of Columbia,
    for Appellant.
    Attorney General Alan McCrory Wilson and Assistant
    Attorney General Mark Reynolds Farthing, both of
    Columbia; and Solicitor James Strom Thurmond, Jr., of
    Aiken, for Respondent.
    PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
    authorities: State v. McEachern, 
    399 S.C. 125
    , 137, 
    731 S.E.2d 604
    , 610 (Ct. App.
    2012) ("[T]he scope of cross-examination is within the discretion of the trial court,
    and the court's decision will not be reversed on appeal absent a showing of
    prejudice."); State v. Sapps, 
    295 S.C. 484
    , 486, 
    369 S.E.2d 145
    , 145-46 (1988) ("It
    is improper for the solicitor to cross-examine a witness in such a manner as to
    force him to attack the veracity of another witness."); Burgess v. State, 
    329 S.C. 88
    , 91, 
    495 S.E.2d 445
    , 447 (1998) ("[I]mproper pitting constitutes reversible error
    only if the accused is unfairly prejudiced."); 
    id.
     (holding the petitioner was not
    prejudiced by improper witness pitting in light of the other evidence presented in
    the case); State v. Pradubsri, 
    403 S.C. 270
    , 280, 
    743 S.E.2d 98
    , 104 (Ct. App.
    2013) ("[T]he materiality and prejudicial character of [an] error must be
    determined from its relationship to the entire case." (internal quotation marks
    omitted)).
    AFFIRMED.1
    WILLIAMS, GEATHERS, and McDONALD, JJ., concur.
    1
    We decide this case without oral argument pursuant to Rule 215, SCACR.
    

Document Info

Docket Number: 2014-UP-447

Filed Date: 12/10/2014

Precedential Status: Non-Precedential

Modified Date: 10/22/2024