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STATE v. BYERS

No. 26976.

392 S.C. 438 (2011)

710 S.E.2d 55

The STATE, Respondent, v. Najjar De'Breece BYERS, Petitioner.

Supreme Court of South Carolina.

Decided May 23, 2011.

Attorney(s) appearing for the Case

Robert A. Muckenfuss , of McGuire Woods, of Charlotte, for Petitioner.

Attorney General Alan Wilson , Assistant Deputy Attorney General Salley W. Elliott , Assistant Attorney General William Blitch, Jr. , all of Columbia, and Solicitor Kevin Scott Brackett , of York, for Respondent.

Chief Justice TOAL:

Najjar De'Breece Byers (Petitioner) appeals the decision of the court of appeals upholding the circuit court's denial of Petitioner's motion to strike a witness's testimony. We reverse.

FACTS/PROCEDURAL BACKGROUND

On the evening of June 10, 2005, at approximately 10:10 p.m., the Fort Rock Bingo Hall, located in Rock Hill, South Carolina, was robbed at gunpoint. At approximately 11:15 p.m. that same evening, a Mecklenburg County...

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