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State v. Dockery

STATE OF SOUTH CAROLINA In The Court of Appeals
May 7, 2014
Appellate Case No. 2011-183266 (S.C. Ct. App. May. 7, 2014)

Opinion

Appellate Case No. 2011-183266 Unpublished Opinion No. 2014-UP-186

05-07-2014

The State, Respondent, v. Tina Dockery, Appellant.

Appellate Defender Dayne C. Phillips, of Columbia; and Appellate Defender Carmen Vaughn Ganjehsani, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin, both of Columbia, for Respondent.


THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE

CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING

EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.


Appeal From Spartanburg County

J. Derham Cole, Circuit Court Judge


AFFIRMED

Appellate Defender Dayne C. Phillips, of Columbia; and Appellate Defender Carmen Vaughn Ganjehsani, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin, both of Columbia, for Respondent. PER CURIAM: Tina Dockery appeals her conviction of unlawful conduct towards a child, arguing the trial court erred in admitting testimony of her demeanor. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Floyd, 295 S.C. 518, 520, 369 S.E.2d 842, 843 (1988) ("The purpose of a motion in limine is to prevent disclosure of potentially prejudicial matter to the jury."); id. ("A ruling on [a motion in limine] is not the ultimate disposition on the admissibility of evidence [but] remains subject to change based upon developments during trial."); State v. Atieh, 397 S.C. 641, 647, 725 S.E.2d 730, 733 (Ct. App. 2012) (holding any objection to three witnesses' testimonies after counsel's motion in limine was not preserved because counsel did not renew his objection when the testimony was offered; however, counsel renewed his objection to the fourth witness's testimony and, therefore, the objection was preserved as to the fourth witness); State v. Forrester, 343 S.C. 637, 642, 541 S.E.2d 837, 840 (2001) ("[W]here a [court] makes a ruling on the admission of evidence on the record immediately prior to the introduction of the evidence in question, the aggrieved party does not need to renew the objection[; t]he issue is preserved."); State v. Tufts, 355 S.C. 493, 497, 585 S.E.2d 523, 525 (Ct. App. 2003) (holding an objection to witness testimony was preserved when the trial court ruled on the issue after in camera testimony, the court adjourned, and the next day the State immediately called the witness as to which the objection was made); State v. Kirton, 381 S.C. 7, 37, 671 S.E.2d 107, 122 (Ct. App. 2008) ("The admission of improper evidence is harmless where the evidence is merely cumulative to other evidence."); State v. Schumpert, 312 S.C. 502, 507, 435 S.E.2d 859, 862 (1993) (holding even if the defendant had successfully renewed his objection to the witness's testimony after his motion in limine, any error would have been harmless because two other witnesses testified to the same fact without objection). AFFIRMED.

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

WILLIAMS, KONDUROS, and LOCKEMY, JJ., concur.


Summaries of

State v. Dockery

STATE OF SOUTH CAROLINA In The Court of Appeals
May 7, 2014
Appellate Case No. 2011-183266 (S.C. Ct. App. May. 7, 2014)
Case details for

State v. Dockery

Case Details

Full title:The State, Respondent, v. Tina Dockery, Appellant.

Court:STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: May 7, 2014

Citations

Appellate Case No. 2011-183266 (S.C. Ct. App. May. 7, 2014)