State v. Russell

CourtListener 10148429Scctapp02.04.2014

Gesamter Gesetzestext

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.

Christopher Russell, Appellant.

Appellate Case No. 2012-205849

Appeal From Greenville County
Letitia H. Verdin, Circuit Court Judge

Unpublished Opinion No. 2014-UP-142
Submitted December 1, 2013 – Filed April 2, 2014

AFFIRMED

Appellate Defenders Dayne C. Phillips and Carmen
Ganjehsani, both of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant
Attorney General Julie Kate Keeney, both of Columbia,
for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Spears, 393 S.C. 466, 480, 713 S.E.2d 324, 331 (Ct. App.
2012) ("[The appellant] failed to contemporaneously object when [two witnesses]
made in-court identifications of the defendants during their direct testimony,
despite the fact that both witnesses identified [the appellant] and [his co-defendant]
as the gunmen who robbed the Wagon Wheel on several occasions during the
course of their testimony. Consequently, any issue with respect to the witnesses'
in-court identifications is not properly before this court." (emphasis added)); State
v. Smith, 337 S.C. 27, 32, 522 S.E.2d 598, 600 (1999) ("Generally, a motion in
limine seeks a pretrial evidentiary ruling to prevent the disclosure of potentially
prejudicial matter to the jury. A pretrial ruling on the admissibility of evidence is
preliminary and is subject to change based on developments at trial. A ruling in
limine is not final; unless an objection is made at the time the evidence is offered
and a final ruling procured, the issue is not preserved for review." (citations
omitted)).

AFFIRMED.1

FEW, C.J., and PIEPER and KONDUROS, JJ., concur.

1
We decide this case without oral argument pursuant to Rule 215, SCACR.

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