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STATE v. BRYANT

No. 4766.

391 S.C. 225 (2010)

705 S.E.2d 465

The STATE, Respondent, v. Thomas T. BRYANT, Jr., Appellant.

Court of Appeals of South Carolina.

Decided December 15, 2010.

Rehearing Denied February 28, 2011.

Attorney(s) appearing for the Case

Chief Appellate Defender Robert M. Dudek , of Columbia, for Appellant.

Attorney General Henry Dargan McMaster , Chief Deputy Attorney General John W. McIntosh , Assistant Deputy Attorney General Donald J. Zelenka , Assistant Attorney General Alphonso Simon, Jr. , Solicitor Warren B. Giese , all of Columbia, for Respondent.

HUFF, J.

Thomas T. Bryant, Jr. was convicted of murder in the death of Daniel Austin. Bryant appeals, asserting the trial judge erred in (1) refusing to admit into evidence a dispatch log of a 911 call and (2) refusing to instruct the jury on the defense of habitation. We reverse and remand for a new trial.1

FACTUAL/PROCEDURAL BACKGROUND

The record shows Bryant is a paraplegic who is confined to a wheelchair. At the time...

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