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STATE v. BATCHELOR

No. 26455.

377 S.C. 341 (2008)

661 S.E.2d 58

The STATE, Respondent v. Michael R. BATCHELOR, Appellant.

Supreme Court of South Carolina.

Refiled April 21, 2008.

Attorney(s) appearing for the Case

Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, Jr., of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for respondent.

Justice MOORE:

Appellant Michael Batchelor was convicted of several charges stemming from an automobile collision in which his three minor sons were killed and three other minors were injured. The charges include two counts of felony driving under the influence (felony DUI) causing death, two counts of felony DUI causing great bodily injury, and one count of involuntary manslaughter.1 After we...

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