State v. Sims

This case concerns Rule 801(d)(2)(E), SCRE, which allows in evidence as non-hearsay an out-of-court statement made by a non-testifying “coconspirator of a party during the course and in furtherance of the conspiracy.” Keith Anthony Sims was convicted and sentenced for murder. Sims appealed, challenging the admission of a statement attributed to a non-testifying declarant as inadmissible hearsay. The court of appeals affirmed, and we granted a writ of certiorari to review that decision. State v. Sims, 377 S.C. 598, 661 S.E.2d 122 (Ct.App.2008). The court of appeals erred in finding the…