State v. Curry

636 S.E.2d 649, 370 S.C. 674, 2006 S.C. App. LEXIS 199
CourtCourt of Appeals of South Carolina
DecidedOctober 9, 2006
Docket4159
StatusPublished
Cited by12 cases

This text of 636 S.E.2d 649 (State v. Curry) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Curry, 636 S.E.2d 649, 370 S.C. 674, 2006 S.C. App. LEXIS 199 (S.C. Ct. App. 2006).

Opinions

[677]*677HEARN, C.J.

Thaddeus Curry appeals his convictions for murder and possession of a firearm during the commission of a violent crime in connection with the death of Heath Hamilton. On appeal, Curry argues (1) the trial court erred in limiting the scope of his cross-examination of two co-defendants on sentencing exposure they faced for murder and other charges related to Hamilton’s death, and (2) the trial court erred in charging the jury on “the hand of one is the hand of all” theory. We affirm.

FACTS

Shortly after midnight on March 18, 2003, Hamilton and Ronald Coursey drove to an apartment complex in Augusta, Georgia, to purchase marijuana. In the apartment complex’s parking lot, they encountered Anthony Savage and Curry and asked if they had any marijuana to sell. Curry and Savage said they had no marijuana, but agreed to procure some and sell a quarter pound’s worth to Hamilton and Coursey for $220.

Hamilton and Coursey drove to an ATM and withdrew money to pay for the drugs. Meanwhile, Curry, Savage, and Jeremy Simuel drove around Augusta looking for marijuana to sell to Hamilton and Coursey. They were unsuccessful. When they all returned to the apartment complex, Hamilton and Coursey followed Curry, Savage, and Simuel to Simuel’s apartment. Hamilton and Coursey waited outside the apartment while the others went inside and closed the door. They were soon informed the transaction would occur later.

Hamilton and Coursey left the apartment complex and went to Hamilton’s home in Beech Island in Aiken County, where they smoked marijuana and waited until Curry and Savage called. The parties spoke by phone and agreed to meet at a gas station in Beech Island. Although Curry, Savage, and Simuel failed to procure marijuana to sell Hamilton and Coursey, they apparently intended to meet under the guise of a drug sale in order to rob Hamilton and Coursey.

Hamilton and Coursey met Curry and Savage in a dark area behind the gas station. Curry and Savage exited their car, where Simuel remained seated. They approached the car in [678]*678which Hamilton and Coursey waited. Savage told Hamilton they did not have any marijuana, but demanded to see the money. Within minutes, Hamilton was shot and killed while still seated in his vehicle with Coursey. Curry and Savage fled in the waiting car driven by Simuel.

Curry, Savage, and Simuel were charged in connection with the robbery and Hamilton’s murder. At Curry’s trial, Coursey, Savage, and Simuel implicated Curry in Hamilton’s murder. Coursey testified he had not met Curry, Savage, or Simuel before the night of the murder. He stated they first met around midnight in the dark parking lot of the apartment complex, a short time later at the apartment complex, and finally in the dark parking lot of the gas station where Hamilton was killed. He testified he called 911 after the shooting but was unable to provide many details about the perpetrators, telling the 911 dispatcher, “I don’t know, it’s dark[,] man, I just don’t know.” However, at trial Coursey testified Curry had the gun in his hand and that Savage never had possession of the gun. Moreover, he unequivocally identified Curry as the shooter.

Savage testified Curry carried a gun with him on the night of the murder and claimed he saw Curry fire the gun three or four times at the murder scene. Savage further testified that after the shooting, Curry and he fled in a car driven by Simuel. According to Savage, Curry exclaimed, “I think I dome capped him,” implying he shot Hamilton in the head. Savage testified Curry later told him he had disposed of the murder weapon. Simuel largely corroborated Savage’s testimony but did not provide an eyewitness account of Curry firing the gun.

Curry sought to question the motives and biases of Simuel and Savage by cross-examining them on the possible sentences they faced in connection with Hamilton’s murder. When Curry questioned Simuel about the possible sentences he faced, the trial court sustained the State’s objection and instructed the jury to disregard the testimony.

Prior to Savage’s testimony, Curry asked the trial court in limine to allow impeachment of Savage on bias and motive by questioning him about the possible sentences he faced for charges related to Hamilton’s death. The trial court denied [679]*679his request. In reaching its decision, the trial court considered Curry’s request in light of State v. Mizzell, 349 S.C. 326, 563 S.E.2d 315 (2002), and stated:

Under [the circumstances in Mizzell], sir, part of the problem I think in that case was that, as I read it, the witness was given an offer to plead to one particular charge versus the potential sentence, the maximum sentence on the other charges that the defendant would have faced had she been convicted or tried on the original charges, and we don’t have that here. There’s no deal between the State at all.

Curry later sought clarification, asking, “So the Court is ruling that he says he has no deal, then I am prohibited from asking about these penalties that he’s facing, is that correct?” The trial court responded affirmatively. The trial court elaborated, “We’re not going to bring him out here to elicit whether or not he knows what his potential sentences are. As I understand it there’s no negotiations or deals between the State and this particular witness.”

The jury convicted Curry on both charges. He received concurrent prison sentences of five years for the firearms charge and life in prison for the murder charge. This appeal followed.

LAW/ANALYSIS

I. Scope of Cross-examination

Curry argues the trial court committed reversible error in denying his request to cross-examine Simuel and Savage concerning possible sentences he faced in connection with Hamilton’s death.1 We disagree.

[680]*680To constitute error, a ruling to admit or exclude evidence must affect a substantial right. Rule 103(a), SCRE; State v. Johnson, 363 S.C. 53, 60, 609 S.E.2d 520, 524 (2005). However, error is harmless where it could not reasonably have affected the trial’s outcome. State v. Mitchell, 286 S.C. 572, 573, 336 S.E.2d 150, 151 (1985). In considering whether error is harmless, a case’s particular facts must be considered along with various factors including:

... the importance of the witness’ testimony in the prosecution’s case, whether the testimony was cumulative, the presence or absence of evidence corroborating or contradicting the testimony of the witness on material points, the extent of cross-examination otherwise permitted, and, of course, the overall strength of the prosecution’s case.

State v. Clark, 315 S.C. 478, 482, 445 S.E.2d 633, 635 (1994). Thus, an insubstantial error not affecting the result of the trial is harmless where “guilt has been conclusively proven by competent evidence such that no other rational conclusion can be reached.” State v. Bailey, 298 S.C. 1, 5, 377 S.E.2d 581, 584 (1989). A violation of a defendant’s Sixth Amendment right to confront a witness is not per se reversible error if the error is harmless beyond a reasonable doubt. State v. Graham, 314 S.C. 383, 385, 444 S.E.2d 525, 527 (1994).

In this case, Curry relied on State v. Mizzell, 349 S.C.

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State v. Curry
636 S.E.2d 649 (Court of Appeals of South Carolina, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
636 S.E.2d 649, 370 S.C. 674, 2006 S.C. App. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-curry-scctapp-2006.