State v. Owens

PLEICONES, Justice:

I concur in the majority’s decision, but write separately because I would omit the substantive analysis of the constitutional issues in Parts IV and V relating to the February. 16 th statement. Wé are agreed that appellant’s due process rights were violated when the trial judge denied his request for a continuance to investigate the circumstances surrounding the making of the statement. I would therefore refrain from addressing the constitutional issues on the incomplete record now before us. Compare In the Matter of McCracken, 346 S.C. 87, 551 S.E.2d 235 (2001)( Court’s firm policy not to address constitutional issues unless necessary to decide appeal).