State v. Young

L. 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.

Derringer L. Young, Appellant.

Appellate Case No. 2011-195446

Appeal From Charleston County
Kristi Lea Harrington, Circuit Court Judge

Unpublished Opinion No. 2014-UP-088
Submitted December 1, 2013 – Filed March 5, 2014

AFFIRMED

Appellate Defender Susan Barber Hackett, of Columbia,
for Appellant.

Attorney General Alan McCrory Wilson, Chief Deputy
Attorney General John W. McIntosh, Senior Assistant
Deputy Attorney General Donald J. Zelenka, and
Assistant Attorney General J. Anthony Mabry, all of
Columbia; and Solicitor Scarlett Anne Wilson, of
Charleston, for Respondent.
PER CURIAM: Derringer Young appeals his convictions for assault and battery
with intent to kill and murder, arguing the trial court erred in (1) refusing to declare
a mistrial after the State made comments during its closing argument that
suggested Young intimidated witnesses and (2) admitting expert testimony on
tool-mark identification that was based on unreliable science. We affirm pursuant
to Rule 220(b), SCACR, and the following authorities:

1. As to whether the trial court erred in refusing to declare a mistrial: State v.
Bantan, 387 S.C. 412, 417, 692 S.E.2d 201, 203 (Ct. App. 2010) ("The decision to
grant or deny a mistrial is within the sound discretion of the trial court and will not
be overturned on appeal absent an abuse of discretion amounting to an error of
law."); id. ("A mistrial should be granted only when absolutely necessary and a
defendant must show both error and resulting prejudice to be entitled to a
mistrial."); id. at 417, 692 S.E.2d at 203-04 ("The trial court should exhaust other
methods to cure possible prejudice before aborting a trial."); Simmons v. State, 331
S.C. 333, 338, 503 S.E.2d 164, 166 (1998) ("[The State's] closing argument must
not appeal to the personal biases of the jurors nor be calculated to arouse the jurors'
passions or prejudices, and its content should stay within the record and reasonable
inferences to it."); id. ("Improper comments do not automatically require reversal if
they are not prejudicial to the defendant."); id. ("On appeal, the appellate court will
view the alleged impropriety of the [State's] argument in the context of the entire
record, including whether the trial [court's] instructions adequately cured the
improper argument and whether there is overwhelming evidence of the defendant's
guilt."); State v. Webb, 389 S.C. 174, 182, 697 S.E.2d 662, 666 (Ct. App. 2010)
(stating an error during the State's closing argument is harmless when the State
presents overwhelming evidence of the defendant's guilt).

2. As to whether the trial court erred in admitting tool-mark identification
testimony: State v. White, 382 S.C. 265, 269, 676 S.E.2d 684, 686 (2009) ("A trial
court's decision to admit or exclude expert testimony will not be reversed absent a
prejudicial abuse of discretion."); State v. Jones, 343 S.C. 562, 573, 541 S.E.2d
813, 819 (2001) (stating to evaluate the reliability of scientific testimony, a trial
court must consider the following factors: "(1) the publications and peer reviews of
the technique; (2) prior application of the method to the type of evidence involved
in the case; (3) the quality control procedures used to ensure reliability; and (4) the
consistency of the method with recognized scientific laws and procedures"); State
v. Council, 335 S.C. 1, 21, 515 S.E.2d 508, 518 (1999) (holding a trial court
properly admitted mitochondrial DNA analysis using the Jones factors because the
analysis was subjected to peer review, the FBI laboratory validated the process, its
underlying science was generally accepted in the scientific community, and the
technology had been used in other contexts for many years).

AFFIRMED.1

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

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