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State v. Morton

STATE OF SOUTH CAROLINA In The Court of Appeals
Oct 10, 2018
Appellate Case No. 2015-002641 (S.C. Ct. App. Oct. 10, 2018)

Opinion

Appellate Case No. 2015-002641 Unpublished Opinion No. 2018-UP-372

10-10-2018

The State, Respondent, v. Jason Scott Morton, Appellant.

Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William Frederick Schumacher, IV, both of Columbia, for Respondent.


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. Appeal From Chester County
Brian M. Gibbons, Circuit Court Judge

AFFIRMED

Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William Frederick Schumacher, IV, both of Columbia, for Respondent. PER CURIAM : Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Copeland, 321 S.C. 318, 324, 468 S.E.2d 620, 624 (1996) ("The trial court has broad discretion when dealing with the propriety of the [State]'s argument . . . ."); id. ("The trial court's discretion will not be overturned absent a showing of an abuse of discretion amounting to an error of law that prejudices the defendant."); id. at 324, 468 S.E.2d at 624-25 ("On appeal, the appellate court will view the alleged impropriety of the [State]'s argument in the context of the entire record. The appellant has the burden of proving [he] did not receive a fair trial because of the alleged improper argument."); Humphries v. State, 351 S.C. 362, 373, 570 S.E.2d 160, 166 (2002) ("The relevant question is whether the [State]'s comments so infected the trial with unfairness as to make the resulting conviction a denial of due process."); State v. Hornsby, 326 S.C. 121, 129, 484 S.E.2d 869, 873 (1997) ("A denial of due process occurs when a defendant in a criminal trial is denied the fundamental fairness essential to the concept of justice."). AFFIRMED. KONDUROS, MCDONALD, and HILL, JJ., concur.

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


Summaries of

State v. Morton

STATE OF SOUTH CAROLINA In The Court of Appeals
Oct 10, 2018
Appellate Case No. 2015-002641 (S.C. Ct. App. Oct. 10, 2018)
Case details for

State v. Morton

Case Details

Full title:The State, Respondent, v. Jason Scott Morton, Appellant.

Court:STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Oct 10, 2018

Citations

Appellate Case No. 2015-002641 (S.C. Ct. App. Oct. 10, 2018)