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STATE v. SANDERS

No. 3684.

356 S.C. 214 (2003)

588 S.E.2d 142

The STATE, Respondent, v. Tunzy Antwain SANDERS, Appellant.

Court of Appeals of South Carolina.

Decided October 20, 2003.

Rehearing Denied February 19, 2004.

Attorney(s) appearing for the Case

Deputy Chief Attorney Joseph L. Savitz, III, Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Derrick K. McFarland, of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

STILWELL, J.

In a re-trial, Tunzy Sanders was convicted of murder, attempted armed robbery, and criminal conspiracy. He appeals, arguing his rights under the Confrontation Clause of the Sixth Amendment were violated when the trial court admitted the prior testimony of Aurelien Vigier, a jailhouse informer, inasmuch as he was unable to confront and cross-examine Vigier about an alleged "tacit understanding" that Vigier would receive "some benefit by virtue of his cooperation...

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