CourtListener 10155524•State v. Sims
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 239(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
The State, Respondent,
v.
Brian Sims, Appellant.
Appeal From Cherokee County
J. Derham Cole, Circuit Court Judge
Unpublished Opinion No. 2009-UP-094
Submitted February 2, 2009 Filed
February 23, 2009
AFFIRMED
Appellate Defender Elizabeth A. Franklin, of Columbia, for
Appellant.
Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant
Attorney General Michelle J. Parsons, all of Columbia and Solicitor Harold W.
Gowdy, III, of Spartanburg, for Respondent.
PER CURIAM:
Brian Sims appeals his assault and battery with intent to kill conviction and
fifteen-year sentence arguing the trial court erred in allowing the State to
improperly vouch for a witness. We
affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: Matthews v.
State, 350 S.C. 272, 276, 565 S.E.2d 766, 768 (2002). (Vouching for a witness based on outside material
conveys the impression to the jury that the solicitor has evidence not
presented to the jury but known by the prosecution which supports conviction.); State v. Shuler, 344 S.C. 604, 630, 545 S.E.2d 805, 818 (2001) (finding
the State improperly vouches for a witness by placing the governments
prestige behind a witness by making explicit personal assurances of a witness[s]
veracity, or where a prosecutor implicitly vouches for a witness[s] veracity
by indicating information not presented to the jury supports the testimony); State
v. Shuler, 344 S.C. 604, 630, 545 S.E.2d 805, 818 (2001) (holding the State
did not vouch for a witness by mentioning a plea agreements provision
requiring the witness tell the truth when the State neither implied special
knowledge or guaranteed veracity of the testimony).
AFFIRMED.
HEARN, C.J., PIEPER and LOCKEMY, JJ., concur.
[1] We decide this case without oral argument pursuant to
Rule 215, SCACR.
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