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338 S.C. 114

525 S.E.2d 519

State v. Johnson

Supreme Court of South Carolina

Decided January 10, 2000

Supreme Court of South Carolina · decided 2000-01-10

Cited by 33 later decisions — most recently March 2018 · most notably Archuleta v. Galetka (2011), State v. Haselden (2003)

33 state decisions

Relies on State v. Torrence · State v. Rosemond · State v. Livingston

Good law ✅— No negative treatment on recordhow we know

Decided 2000-01-10

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FINNEY, Chief Justice:

¶1I respectfully dissent. The admission of the enhanced photograph depicting the victim’s children served no legitimate evidentiary purpose, and acted only to arouse the jury’s sympathy and prejudice, and therefore should have been excluded. Compare State v. Rosemond, 335 S.C. 593, 518 S.E.2d 588 (1999)(Finney, C.J., dissenting); State v. Livingston, 327 S.C. 17, 488 S.E.2d 313 (1997). Further, in my opinion, the trial judge abused his discretion in excluding the letter proffered by appellant to impeach the witness. I simply do not understand, and the majority does not explain, how the letter would have confused the jury. In my view, these two evidentiary errors in the guilt phase require a reversal.

¶2*131Finally, I cannot agree that the trial court’s erroneous limitation on appellant’s sister’s plea for mercy was harmless error. Her statement, in response to a single question, that she loves appellant with all her heart is not the equivalent of a general plea for mercy. Compare State v. Torrence, 305 S.C. 45, 406 S.E.2d 315 (1991)(harmless error where appellant’s mother permitted to testify she did not want him to die, that she loved him, and that she wanted him to get help).

¶3For the reasons given above, I would reverse and remand for a new trial.

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