CourtListener 10136842•State v. Frierson
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THE STATE OF SOUTH CAROLINA
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
The State,
Respondent,
v.
Michael
Frierson, Appellant.
Appeal From
Marion County
John M.
Milling, Circuit Court Judge
Unpublished
Opinion No. 2003-UP-135
Submitted January 13, 2003 Filed February 19, 2003
AFFIRMED
Deputy Chief Attorney Joseph L. Savitz,
III, of Columbia,for appellant.
Attorney General Henry Dargan McMaster,
Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney
General Donald J. Zelenka, Senior Assistant Attorney General William Edgar
Salter, III, all of Columbia; and Solicitor Edgar Lewis Clements, III, of
Florence; for respondent.
PER CURIAM: Michael Frierson appeals his convictions for three counts
of murder, two counts and assault and battery with intent to kill, first degree
burglary, conspiracy, and possession of a weapon during the commission of
a violent crime, arguing the trial court erred in explaining to the jury that
the law requires references to a defendant in a jointly-tried co-defendants
statement be redacted when the co-defendant does not testify.
We affirm pursuant to Rule 220(b)(2), SCACR, and the following authorities:
Schneble v. Florida, 405 U.S. 427, 430 (1972) (The mere finding of
a violation of the Bruton rule . . . does not automatically require
reversal of the ensuing criminal conviction. In some cases the properly admitted
evidence of guilt is so overwhelming, and the prejudicial effect of the co-defendants
admission is so insignificant by comparison, that it is clear beyond a reasonable
doubt that the improper use of the admission was harmless error.); Cruz
v. New York, 481 U.S. 186, 193-94 (1987) ([W]here a nontestifying codefendants
confession incriminating the defendant is not directly admissible against
the defendant . . . the Confrontation Clause bars its admission at their joint
trial. . . . Of course, the defendants confession may be considered at trial
in assessing whether his codefendants statements are supported by sufficient
indicia of reliability to be directly admissible against him . . . despite
the lack of opportunity for cross-examination, and may be considered on appeal
in assessing whether any Confrontation Clause violation was harmless.) (internal
citations omitted); State v. Howard, 295 S.C. 462, 468, 369 S.E.2d
132, 135-36 (1988) (We quote extensively here [from Cruz] to emphasize
that the United States Supreme Court has not condemned admission of a co‑defendants
confession but has merely shifted the focus of analysis. Such a statement
will no longer be considered reliable simply because some of the facts it
contains interlock with the defendants own statement. The presumption
of unreliability that applies to a co-defendants statement will be overcome
only if those portions of the statement concerning the defendants participation
are thoroughly substantiated by the defendants own confession. Even when
this analysis is not applied at trial to determine the statements admissibility,
on appeal the same analysis is appropriate to determine whether any Confrontation
Clause violation was harmless. Appellants statements mutually and completely
substantiated each other. We hold any Confrontation Clause violation to either
appellant was harmless.) (internal citations omitted).
AFFIRMED.
GOOLSBY, HUFF, and SHULER, JJ., concur.
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