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STATE v. SMITH

No. 26673.

383 S.C. 159 (2009)

679 S.E.2d 176

The STATE, Petitioner, v. Arthur Franklin SMITH, Respondent.

Supreme Court of South Carolina.

Decided June 22, 2009.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport and Assistant Attorney General Michelle J. Parsons, all of Columbia and Solicitor I. McDuffie Stone, III, of Hampton, for Petitioner.

Chief Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

Justice BEATTY:

In this case, Arthur Franklin Smith (Respondent) was convicted of first-degree criminal sexual conduct (CSC) with a minor and sentenced to twenty years in prison. The trial judge granted Respondent a new trial on the ground the minor victim's aunt "coached" him while he was testifying at trial. The State appealed this decision to the South Carolina Court of Appeals.

In a divided opinion, the Court of Appeals affirmed the order of the trial...

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