Johnson v. Catoe

PLEICONES, Justice:

I respectfully dissent. Applying the five part test, enunciated in State v. Spann, 334 S.C. 618, 513 S.E.2d 98 (1999), a decision to grant petitioner a new trial rests upon the determination that Connie Hess’s confession “would probably change the result if a new trial were granted.” Id. at 619, 513 S.E.2d at 99. I believe the confession would probably change the result on retrial and, therefore, would grant petitioner’s motion for a new trial.

In support of the decision to deny petitioner’s new trial motion, the majority finds that, in light of her history of fabrications…