State v. Spann

FINNEY, Chief Justice:

This is an appeal from the denial of a new trial motion based upon after-discovered evidence. We find the trial judge erred in finding certain expert evidence could have been discovered by the exercise of due diligence, and reverse and remand for a new trial.

Appellant was convicted of the 1981 sexual assault, robbery, and murder of Melva Neill, as well as the burglary of her home, and received a death sentence. See State v. Spann, 279 S.C. 399, 308 S.E.2d 518 (1983). In order to prevail in this new trial motion, appellant must show the after-discovered evidence:(1) is…