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COLLINS v. DOE

No. 25571.

352 S.C. 462 (2002)

574 S.E.2d 739

Leatrice Williams COLLINS, Respondent, v. John DOE, Petitioner.

Supreme Court of South Carolina.

Decided December 30, 2002.

Attorney(s) appearing for the Case

Harry C. Wilson, Jr., of Lee, Erter, Wilson, James, Holler & Smith, of Sumter, for petitioner.

Ronnie A. Sabb, of Kingstree, for respondent.

Justice PLEICONES:

The Court granted certiorari to consider the Court of Appeals' decision in Collins v. Doe, 343 S.C. 119, 539 S.E.2d 62 (Ct.App.2000). The Court of Appeals held that for purposes of S.C.Code Ann. § 38-77-170(2) (Supp.2001), a witness's sworn trial testimony is the functional equivalent of a sworn affidavit. We reverse.

FACTS/PROCEDURAL BACKGROUND

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