Opinion
2016-UP-239
06-01-2016
The State, Respondent, v. Kurtino Weathersbee, Appellant. Appellate Case No. 2014-002171
David Edward Belding, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Assistant Attorney General Jennifer Ellis Roberts, and Solicitor Daniel Edward Johnson, all of Columbia, for Respondent.
Unpublished Opinion
Submitted January 1, 2016
Appeal From Richland County Maité D. Murphy, Circuit Court Judge
David Edward Belding, of Columbia, for Appellant.
Attorney General Alan McCrory Wilson, Assistant Attorney General Jennifer Ellis Roberts, and Solicitor Daniel Edward Johnson, all of Columbia, for Respondent.
PER CURIAM:
Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Rule 29(b), SCRCrimP ("A motion for a new trial based on after-discovered evidence must be made within one (1) year after the date of actual discovery of the evidence by the defendant or after the date when the evidence could have been ascertained by the exercise of reasonable diligence."); 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 [circuit] court's denial of such a motion unless the [circuit] court abused its discretion." (quoting State v. Irvin, 270 S.C. 539, 545, 243 S.E.2d 195, 197-98 (1978))); id. ("In order to warrant the granting of a new trial on the ground of after-discovered evidence, the movant must show the evidence (1) is such as will probably change the result if a new trial is granted; (2) has been discovered since the trial; (3) could not have been discovered before the trial by the exercise of due diligence; (4) is material to the issue; and (5) is not merely cumulative or impeaching.").
We decide this case without oral argument pursuant to Rule 215, SCACR.
HUFF, A.C.J., and WILLIAMS and THOMAS, JJ., concur.