State v. Craig

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.

Kenneth Jowan Craig, Appellant.

Appellate Case No. 2013-001690

Appeal From Spartanburg County
Roger L. Couch, Circuit Court Judge

Unpublished Opinion No. 2014-UP-431
Heard November 6, 2014 – Filed November 26, 2014

AFFIRMED

Dennis Gregory Placone, of Nexsen Pruet, LLC, and
Chief Appellate Defender Robert Michael Dudek, both of
Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant
Attorney General Jennifer Ellis Roberts, both of
Columbia; and Solicitor Barry Joe Barnette, of
Spartanburg, for Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authority: Perry v. New Hampshire, 132 S. Ct. 716, 728 (2012) ("The fallibility of
eyewitness evidence does not, without the taint of improper state conduct, warrant
a due process rule requiring a trial court to screen such evidence for reliability
before allowing the jury to assess its creditworthiness."); id. at 730 ("[T]he Due
Process Clause does not require a preliminary judicial inquiry into the reliability of
an eyewitness identification when the identification was not procured under
unnecessarily suggestive circumstances arranged by law enforcement.").

AFFIRMED.

FEW, C.J., and GEATHERS and LOCKEMY, JJ., concur.