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STATE v. SPANN

No. 24902.

334 S.C. 618 (1999)

513 S.E.2d 98

The STATE, Respondent, v. Sterling Barnett SPANN, Appellant.

Supreme Court of South Carolina.

Decided February 16, 1999.

Rehearing Denied March 19, 1999.

Attorney(s) appearing for the Case

John H. Blume, of Cornell Law School, of Ithaca, New York; Diana L. Holt, of Georgia Resource Center, of Atlanta, Georgia; and Pamela A. Wilkins, of Columbia, for appellant.

Attorney General Charles M. Condon, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Lauri J. Soles, all of Columbia, for respondent.

FINNEY, Chief Justice:

This is an appeal from the denial of a new trial motion based upon after-discovered evidence. We find the trial judge erred in finding certain expert evidence could have been discovered by the exercise of due diligence, and reverse and remand for a new trial.

Appellant was convicted of the 1981 sexual assault, robbery, and murder of Melva Neill, as well as the burglary of her home, and received a death sentence. See State v. Spann...

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