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State v. Toney

Court of Appeals of South Carolina
Oct 19, 2016
2016-UP-428 (S.C. Ct. App. Oct. 19, 2016)

Opinion

2016-UP-428

10-19-2016

The State, Respondent, v. Jameco Abdul Toney, Appellant. Appellate Case No. 2013-002534

Jeffrey Scott Stephens, of Quindlen & Merrifield, PA., of Beaufort; and Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Assistant Attorney General Mark Reynolds Farthing, both of Columbia; and Solicitor William Benjamin Rogers, Jr., of Bennettsville, for Respondent.


UNPUBLISHED OPINION

Submitted September 1, 2016

Appeal From Darlington County R. Ferrell Cothran, Jr., Circuit Court Judge

AFFIRMED.

Jeffrey Scott Stephens, of Quindlen & Merrifield, PA., of Beaufort; and Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson, Assistant Attorney General Mark Reynolds Farthing, both of Columbia; and Solicitor William Benjamin Rogers, Jr., of Bennettsville, for Respondent.

PER CURIAM

Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Moses, 390 S.C. 502, 511, 702 S.E.2d 395, 400 (Ct. App. 2010) ("[M]aking a motion in limine to exclude evidence at the beginning of trial does not preserve an issue for review because a motion in limine is not a final determination. The moving party, therefore, must make a contemporaneous objection when the evidence is introduced.") (alteration in original) (quoting State v. Forrester, 343 S.C. 637, 642, 541 S.E.2d 837, 840 (2001)); State v. Atieh, 397 S.C. 641, 646, 725 S.E.2d 730, 733 (Ct. App. 2012) ("A ruling in limine is not final; unless an objection is made at the time the evidence is offered and a final ruling procured, the issue is not preserved for review."); id. at 646-47, 725 S.E.2d at 733 (providing exceptions to the rule that a contemporaneous objection be made at the time evidence is offered to preserve the matter (1) when the motion in limine is made immediately prior to the introduction of the evidence in question and (2) when the trial court clearly indicates its ruling is final); McHam v. State, 404 S.C. 465, 470, 473-75, 746 S.E.2d 41, 44, 46-47 (2013) (holding in a post-conviction relief action following dismissal of an Anders appeal from trial in which trial counsel moved in an in limine motion to suppress drugs as the product of an illegal search and seizure in violation of the Fourth Amendment, but failed to renew the objection on that basis when the drugs were actually admitted into evidence at trial, it was clear the Court of Appeals did not consider the merits of the Fourth Amendment issue on direct appeal because it was not preserved by trial counsel); State v. Dicapua, 373 S.C. 452, 455, 646 S.E.2d 150, 152 (Ct. App. 2007) (holding trial counsel's statement to the trial court that he had "no objection" to the introduction of evidence, even though he previously made a motion to exclude the evidence, waived any issue with admission of that evidence).

AFFIRMED.

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

HUFF, SHORT, and KONDUROS, JJ., concur.


Summaries of

State v. Toney

Court of Appeals of South Carolina
Oct 19, 2016
2016-UP-428 (S.C. Ct. App. Oct. 19, 2016)
Case details for

State v. Toney

Case Details

Full title:The State, Respondent, v. Jameco Abdul Toney, Appellant. Appellate Case…

Court:Court of Appeals of South Carolina

Date published: Oct 19, 2016

Citations

2016-UP-428 (S.C. Ct. App. Oct. 19, 2016)