State v. Smith

Justice BEATTY:

In this case, Arthur Franklin Smith (Respondent) was convicted of first-degree criminal sexual conduct (CSC) with a minor and sentenced to twenty years in prison. The trial judge granted Respondent a new trial on the ground the minor victim’s aunt “coached” him while he was testifying at trial. The State appealed this decision to the South Carolina Court of Appeals.

In a divided opinion, the Court of Appeals affirmed the order of the trial judge. State v. Smith, 372 S.C. 404, 642 S.E.2d 627 (Ct.App.2007). The State petitioned for and was granted a writ of certiorari for this…