Opinion
Appellate Case No. 2011-185926 Unpublished Opinion No. 2013-UP-288
06-26-2013
The State, Respondent, v. Brittany Johnson, Appellant.
Appellate Defender Breen Richard Stevens of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Brendan Jackson McDonald, all of Columbia; and Solicitor Jimmy A. Richardson, of Conway, 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 Horry County
Edward B. Cottingham, Circuit Court Judge
REVERSED and REMANDED
Appellate Defender Breen Richard Stevens of Columbia, for Appellant.
Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Brendan Jackson McDonald, all of Columbia; and Solicitor Jimmy A. Richardson, of Conway, for Respondent. PER CURIAM : In this criminal appeal, Brittany Johnson challenges her murder conviction, arguing the trial court erred in: (1) admitting her statement to police into evidence after her invocation of the right to counsel was not honored; (2) failing to grant a mistrial after the jury prematurely deliberated; (3) denying her request to instruct the jury on self-defense; and (4) denying her request to instruct the jury on involuntary manslaughter. We reverse and remand for a new trial pursuant to Rule 220(b), SCACR, and the following authorities: 1. As to whether the trial court erred in admitting Johnson's statement to police: State v. Middleton, 288 S.C. 21, 25, 339 S.E.2d 692, 694 (1986) (noting the trial court must make an affirmative finding that there was no violation of Miranda v. Arizona during a Jackson v. Denno hearing before admitting a statement into evidence); State v. Franklin, 299 S.C. 133, 137, 382 S.E.2d 911, 913 (1989) (noting the State has the burden to prove a defendant validly waived his Miranda rights); State v. Wannamaker, 346 S.C. 495, 499, 552 S.E.2d 284, 286 (2001) ("If a suspect invokes her right to counsel, police interrogation must cease unless the suspect herself initiates further communication with police."). 2. As to the remaining issues: State v. Williams, 399 S.C. 281, 289 n.3, 731 S.E.2d 338, 342 n.3 (Ct. App. 2012) (declining to reach the remaining issues when reversal of one issue disposes of the entire appeal).
384 U.S. 436 (1966)
378 U.S. 368 (1964).
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