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STATE v. SIMS

No. 26820.

387 S.C. 557 (2010)

694 S.E.2d 9

The STATE, Respondent, v. Keith Anthony SIMS, Petitioner.

Supreme Court of South Carolina.

Decided May 17, 2010.

Rehearing Denied June 24, 2010.

Attorney(s) appearing for the Case

Senior Appellate Defender Joseph L. Savitz, III, and Appellate Defender LaNelle C. DuRant, both of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Melody J.

Brown, Assistant Attorney General Alphonso Simon, Jr., and Solicitor Warren B. Giese, all of Columbia, for Respondent.

Justice KITTREDGE:

This case concerns Rule 801(d)(2)(E), SCRE, which allows in evidence as non-hearsay an out-of-court statement made by a non-testifying "coconspirator of a party during the course and in furtherance of the conspiracy." Keith Anthony Sims was convicted and sentenced for murder. Sims appealed, challenging the admission of a statement attributed to a nontestifying declarant as inadmissible hearsay. The court of appeals affirmed, and we granted a writ...

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