Legal Opinion
State v. Spears
Court of Appeals of South Carolina
Decided April 17, 2013No. Appellate Case No. 2010-162287; No. 5119PublishedCited by 9 opinions
1Opinion of the CourtPieper, J.
Brian K. Spears appeals his convictions for murder and three counts of assault and battery with intent to kill (AB-WIK). On appeal, Spears argues the trial court improperly admitted evidence of a prior shooting incident between Spears and Aaron Hammonds (Victim) that occurred one month before Victim was killed. Spears contends the trial court failed to conduct a balancing test to determine if the probative value of the prior shooting testimony was substantially outweighed by the danger of unfair prejudice to Spears. We remand.
FACTS
On May 27, 2007, Victim was fatally shot on Ocean Boulevard in…
2Cases cited21 opinions
- United States v. Arlan Lamar RobinsonCourt of Appeals for the Fifth Circuit · 1983
- State v. JenningsSupreme Court of South Carolina · 2011
- State v. JohnsonSupreme Court of South Carolina · 1987
- State v. BlackSupreme Court of South Carolina · 2012
- United States v. Lazcano-VillalobosCourt of Appeals for the Tenth Circuit · 1999
16 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. ScottCourt of Appeals of South Carolina · 2013
- Hamrick v. StateSupreme Court of South Carolina · 2019
- State v. LaneCourt of Appeals of South Carolina · 2013
- State v. ThompsonCourt of Appeals of South Carolina · 2017
- State v. PerryCourt of Appeals of South Carolina · 2017
4 more not listed; retrieve them via the Exa API.