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State v. Hubner

Supreme Court of South Carolina
Aug 17, 2009
683 S.E.2d 279 (S.C. 2009)

Summary

reversing the court of appeals, in light of Wallace, 384 S.C. 428, 683 S.E.2d 275

Summary of this case from State v. Scott

Opinion

No. 26704.

Heard March 18, 2008.

Decided August 17, 2009. Rehearing Denied October 15, 2009.

Appeal From Richland County; James C. Williams, Jr., Circuit Court Judge.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, and Assistant Attorney General David A. Spencer, of Columbia; and Solicitor Warren B. Giese, of Columbia, for petitioner/respondent.

Carol A. McCurry, of McCurry Law Firm, LLC, of West Columbia, for respondent/petitioner.

Matthew R. Howsare, of Nelson Mullins Riley Scarborough LLP, of Columbia; J. Todd Kincannon, of Barnes, Alford, Stork Johnson, LLP, of Columbia; and Jason B. Buffkin, of Crime Victim Legal Network, of Columbia, for Amicus Curiae South Carolina Crime Victim Legal Network.

Ernest Charles Grose, Jr., of Greenwood, for Amicus Curiae South Carolina Association of Criminal Defense Lawyers.


ON WRIT OF CERTIORARI TO THE COURT OF APPEALS.


Respondent/Petitioner (Hubner) was convicted of six counts of lewd act upon a child and was sentenced to three consecutive twelve-year terms of imprisonment, two concurrent twelve-year terms of imprisonment, and one fifteen-year term of imprisonment, which was suspended on service of five years' probation. Hubner appealed.

The Court of Appeals reversed the convictions, holding the trial judge committed reversible error in admitting evidence of a prior sexual assault against a different victim. State v. Hubner, 362 S.C. 572, 608 S.E.2d 463 (Ct.App. 2005). In light of our holding in State v. Wallace, Op. No. 26703, 683 S.E.2d 275 (2009), the decision of the Court of Appeals is

REVERSED.

TOAL, C.J., and WALLER, J., concur. BEATTY, J., concurring in result only. PLEICONES, J., dissenting in a separate opinion.


For the reasons given in my dissent in State v. Wallace., Op. No. 26703 (2009), I respectfully dissent.


Summaries of

State v. Hubner

Supreme Court of South Carolina
Aug 17, 2009
683 S.E.2d 279 (S.C. 2009)

reversing the court of appeals, in light of Wallace, 384 S.C. 428, 683 S.E.2d 275

Summary of this case from State v. Scott

reversing the court of appeals, in light of Wallace, 384 S.C. 428, 683 S.E.2d 275

Summary of this case from State v. Scott
Case details for

State v. Hubner

Case Details

Full title:The STATE, Petitioner/Respondent, v. John Gleason HUBNER…

Court:Supreme Court of South Carolina

Date published: Aug 17, 2009

Citations

683 S.E.2d 279 (S.C. 2009)
683 S.E.2d 279

Citing Cases

State v. McCombs

384 S.C. at 433–34, 683 S.E.2d at 278. In State v. Hubner, 362 S.C. 572, 585, 608 S.E.2d 463, 469…

State v. McCombs

384 S.C. at 433-34, 683 S.E.2d at 278. In State v. Hubner, 362 S.C. 572, 585, 608 S.E.2d 463, 469 (Ct. App.…