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State v. Kelly

Court of Appeals of South Carolina
Oct 24, 2012
2012-UP-561 (S.C. Ct. App. Oct. 24, 2012)

Opinion

2012-UP-561

10-24-2012

The State, Respondent, v. Joseph Lathan Kelly, Appellant. Appellate Case No. 2011-182646

Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Staff Attorney Julie Kate Keeney, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.


UNPUBLISHED OPINION

Submitted October 1, 2012

Appeal From Lexington County R. Knox McMahon, Circuit Court Judge

Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Staff Attorney Julie Kate Keeney, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:

Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Hatcher, 392 S.C. 86, 92, 708 S.E.2d 750, 753 (2011) ("[E]vidence [is] inadmissible only where there is a missing link in the chain of possession because the identity of those who handled the [substance] was not established at least as far as practicable." (citation and internal quotation marks omitted)); State v. Horton, 359 S.C. 555, 568, 598 S.E.2d 279, 286 (Ct. App. 2004) ("[W]here there is a weak link in the chain of custody, as opposed to a missing link, the question is only one of credibility and not admissibility.").

AFFIRMED.

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

SHORT, KONDUROS, and LOCKEMY, JJ., concur.


Summaries of

State v. Kelly

Court of Appeals of South Carolina
Oct 24, 2012
2012-UP-561 (S.C. Ct. App. Oct. 24, 2012)
Case details for

State v. Kelly

Case Details

Full title:The State, Respondent, v. Joseph Lathan Kelly, Appellant. Appellate Case…

Court:Court of Appeals of South Carolina

Date published: Oct 24, 2012

Citations

2012-UP-561 (S.C. Ct. App. Oct. 24, 2012)