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STATE v. PARKER

No. 4492.

381 S.C. 539 (2009)

673 S.E.2d 833

The STATE, Respondent, v. Jack Edward Earl PARKER, Appellant.

Court of Appeals of South Carolina.

Decided January 28, 2009.

Rehearing Denied March 24, 2009.

Attorney(s) appearing for the Case

Chief Appellate Defender Joseph L. Savitz, III, 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 S. Creighton Waters, all of Columbia; and Solicitor Robert Mills Ariail, of Greenville, for Respondent.

SHORT, J.:

In October of 2003, Parker stood trial for murder before Judge Hayes. The jury twice reported to Judge Hayes its inability to reach a unanimous verdict. Judge Hayes granted Parker's motion for a mistrial. When Parker was tried again in 2005 before Judge Few, he moved to dismiss based on double jeopardy. Judge Few denied the motion and the jury convicted Parker of murder. Parker appeals his murder conviction arguing Judge Few erred in denying his motion...

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