In the Matter of Calvin Joe Miller

CourtListener 10150086Scctapp5 avr. 2017

Texte intégral

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

In the Matter of the Care and Treatment of Calvin Joe
Miller, Appellant.

Appellate Case No. 2014-001735

Appeal From Greenville County
R. Lawton McIntosh, Circuit Court Judge

Unpublished Opinion No. 2017-UP-137
Submitted January 1, 2017 – Filed April 5, 2017

AFFIRMED

Appellate Defender Laura Ruth Baer, of Columbia, for
Appellant.

Attorney General Alan McCrory Wilson and Senior
Assistant Deputy Attorney General Deborah R.J. Shupe,
both of Columbia, for Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: In re Ettel, 377 S.C. 558, 561, 660 S.E.2d 285, 287 (Ct. App. 2008)
("The admission of evidence is within the discretion of the [trial] court and will not
be reversed absent an abuse of discretion."); State v. Black, 400 S.C. 10, 16, 732
S.E.2d 880, 884 (2012) ("An abuse of discretion occurs when the trial court's
ruling is based on an error of law or, when grounded in factual conclusions, is
without evidentiary support." (quoting State v. Jennings, 394 S.C. 473, 477-78, 716
S.E.2d 91, 93 (2011))); In re Corley, 353 S.C. 202, 205-06, 577 S.E.2d 451, 453
(2003) ("In the context of a criminal case, we have noted that while evidence of
other crimes is generally inadmissible to show criminal propensity or to
demonstrate that the accused is a bad individual, evidence of other crimes is
admissible if necessary to establish a material fact or element of the crime
charged."); Ettel, 377 S.C. at 562-63, 660 S.E.2d at 288 (allowing introduction of
prior murder conviction "because [the expert] relied on [it] in evaluating Ettel's
need for and likelihood of success in treatment as well as his ability to control his
behavior in the future").

AFFIRMED.1

LOCKEMY, C.J., and KONDUROS and MCDONALD, JJ., concur.

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

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