Earley v. State

*274CHIEF JUSTICE PLEICONES:

I respectfully dissent. Like the majority, I assume the State violated Rule 5, SCRCrimP, when it impeached Respondent with evidence it failed to disclose prior to trial. However, unlike the majority, I believe the PCR judge applied the correct standard of law in assessing whether the State’s Rule 5 violation warranted a mistrial. Further, because I believe there is probative evidence in the record to support the PCR judge’s findings of fact and conclusions of law, I would affirm the order granting Respondent relief. See McCray v. State, 317 S.C. 557, 559, 455 S.E.2d…