State v. Irby

Court of Appeals of South Carolina

State v. Irby

DecidedJanuary 14, 2015

Docket2015-UP-021

StatusUnpublished

This text of State v. Irby (State v. Irby) 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.

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State v. Irby, (S.C. Ct. App. 2015).

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THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA In The Court of Appeals

The State, Respondent,

v.

James Irby, Appellant.

Appellate Case No. 2012-213028

Appeal From Spartanburg County J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2015-UP-021 Submitted November 1, 2014 – Filed January 14, 2015

AFFIRMED

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General Julie Kate Keeney, both of Columbia, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Myers, 359 S.C. 40, 47, 596 S.E.2d 488, 492 (2004) ("On appeal, the trial [court]'s ruling as to the voluntariness of [a] confession will not be disturbed unless so erroneous as to constitute an abuse of discretion."); State v. Goodwin, 384 S.C. 588, 601, 683 S.E.2d 500, 507 (Ct. App. 2009) ("An abuse of discretion occurs when the conclusions of the trial court either lack evidentiary support or are controlled by an error of law."); id. ("When seeking to introduce a confession, the State must prove that the statement was voluntary . . . ."); id. ("The test of voluntariness is whether a defendant's will was overborne by the circumstances surrounding the giving of a confession."); State v. Von Dohlen, 322 S.C. 234, 244, 471 S.E.2d 689, 695 (1996) ("It is generally recognized that the police may use some psychological tactics in eliciting a statement from a suspect. . . . These ploys may play a part in the suspect's decision to confess, but so long as that decision is a product of the suspect's own balancing of competing considerations, the confession is voluntary." (alteration by court) (internal quotation marks omitted)).

AFFIRMED.1

FEW, C.J., and KONDUROS and LOCKEMY, JJ., concur.

1 We decide this case without oral argument pursuant to Rule 215, SCACR.

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THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA In The Court of Appeals

The State, Respondent,

v.

James Irby, Appellant.

Appellate Case No. 2012-213028

Appeal From Spartanburg County J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2015-UP-021 Submitted November 1, 2014 – Filed January 14, 2015

AFFIRMED

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General Julie Kate Keeney, both of Columbia, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Myers, 359 S.C. 40, 47, 596 S.E.2d 488, 492 (2004) ("On appeal, the trial [court]'s ruling as to the voluntariness of [a] confession will not be disturbed unless so erroneous as to constitute an abuse of discretion."); State v. Goodwin, 384 S.C. 588, 601, 683 S.E.2d 500, 507 (Ct. App. 2009) ("An abuse of discretion occurs when the conclusions of the trial court either lack evidentiary support or are controlled by an error of law."); id. ("When seeking to introduce a confession, the State must prove that the statement was voluntary . . . ."); id. ("The test of voluntariness is whether a defendant's will was overborne by the circumstances surrounding the giving of a confession."); State v. Von Dohlen, 322 S.C. 234, 244, 471 S.E.2d 689, 695 (1996) ("It is generally recognized that the police may use some psychological tactics in eliciting a statement from a suspect. . . . These ploys may play a part in the suspect's decision to confess, but so long as that decision is a product of the suspect's own balancing of competing considerations, the confession is voluntary." (alteration by court) (internal quotation marks omitted)).

AFFIRMED.1

FEW, C.J., and KONDUROS and LOCKEMY, JJ., concur.

1 We decide this case without oral argument pursuant to Rule 215, SCACR.

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