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State v. Moore

THE STATE OF SOUTH CAROLINA In The Court of Appeals
Feb 1, 2012
Unpublished Opinion No. 2012-UP-059 (S.C. Ct. App. Feb. 1, 2012)

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UNPUBLISHED OPINION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.


Summaries of

State v. Moore

THE STATE OF SOUTH CAROLINA In The Court of Appeals
Feb 1, 2012
Unpublished Opinion No. 2012-UP-059 (S.C. Ct. App. Feb. 1, 2012)
Case details for

State v. Moore

Case Details

Full title:The State, Respondent, v. Frances J. Moore, Appellant.

Court:THE STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Feb 1, 2012

Citations

Unpublished Opinion No. 2012-UP-059 (S.C. Ct. App. Feb. 1, 2012)