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State v. Pitts

Court of Appeals of South Carolina
Dec 23, 2013
2013-UP-482 (S.C. Ct. App. Dec. 23, 2013)

Opinion

2013-UP-482

12-23-2013

The State, Respondent, v. Gerald Pitts, Appellant. Appellate Case No. 2012-208266

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.


UNPUBLISHED OPINION

Submitted December 1, 2013

Appeal From Spartanburg County J. Derham Cole, Circuit Court Judge

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.

PER CURIAM

Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Harris, 391 S.C. 539, 545, 706 S.E.2d 526, 529 (Ct. App. 2011) ("The granting of a new trial because of after-discovered evidence is not favored, and this court will affirm the trial court's denial of such a motion unless the trial court abused its discretion." (internal quotation marks omitted)); id. ("The credibility of newly-discovered evidence is for the trial court to determine."); id. ("Recantation of testimony ordinarily is unreliable and should be subjected to the closest scrutiny when offered as ground for a new trial."); id. at 545-46, 706 S.E.2d at 529 (finding the trial court did not abuse its discretion in denying the motion for a new trial after it found the recantation testimony was not credible).

AFFIRMED.

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

HUFF, GEATHERS, and LOCKEMY, JJ., concur.


Summaries of

State v. Pitts

Court of Appeals of South Carolina
Dec 23, 2013
2013-UP-482 (S.C. Ct. App. Dec. 23, 2013)
Case details for

State v. Pitts

Case Details

Full title:The State, Respondent, v. Gerald Pitts, Appellant. Appellate Case No…

Court:Court of Appeals of South Carolina

Date published: Dec 23, 2013

Citations

2013-UP-482 (S.C. Ct. App. Dec. 23, 2013)