State v. Mabe

Harwell, Justice:

The question presented is whether the trial judge erred in granting respondent Kenneth Mabe’s motion to suppress a report of chemical analysis. The trial judge held respondent’s due process rights were offended because drugs used as evidence against him were destroyed before he had the opportunity to independently analyze them. We reverse.

I. FACTS

In September 1988 respondent pled guilty to trafficking in cocaine in violation of S.C. Code Ann. § 44-53-370(e)(2)(b) (1976). In November 1989 respondent was granted post-conviction relief and his guilty plea vacated. Before trial,…