Opinion
2012-UP-059
02-01-2012
The State, Respondent, v. Frances J. Moore, Appellant.
John Dennis Delgado, of Columbia, for Appellant. Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Christina T. Adams, of Anderson, for Respondent.
UNPUBLISHED OPINION
Heard December 7, 2011.
Appeal From Anderson County J. Cordell Maddox, Jr., Circuit Court Judge
John Dennis Delgado, of Columbia, for Appellant.
Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Christina T. Adams, of Anderson, for Respondent.
PER CURIAM
Frances J. Moore appeals her convictions for murder, criminal conspiracy, and possession of a firearm during the commission of a violent crime. She argues the trial court erred in overruling her objections and denying her motion for a mistrial after witness testimony relayed accounts between the witness and her codefendant implicating her. Specifically, she maintains the rulings permitted violations of her Confrontation Clause rights. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: Davis v. Washington, 547 U.S. 813, 821 (2006) (stating the right to confrontation "bars 'admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant... had a prior opportunity for cross-examination.'" (quoting Crawford v. Washington, 541 U.S. 36, 53-54 (2004)); State v. Davis, 371 S.C. 170, 178, 638 S.E.2d 57, 61 (2006) (holding witness testimony relaying a co-conspirator's account implicating the defendant did not violate the defendant's confrontation rights because the account "clearly was made outside of an investigatory or judicial context" and therefore was not testimonial).
AFFIRMED.
FEW, C.J., and THOMAS and KONDUROS, JJ., concur.