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STATE v. SPEARS

No. 5119.

403 S.C. 247 (2013)

742 S.E.2d 878

The STATE, Respondent, v. Brian K. SPEARS, Appellant.

Court of Appeals of South Carolina.

Decided April 17, 2013.

Rehearing Denied June 13, 2013.

Attorney(s) appearing for the Case

Appellate Defender Robert M. Pachak , of Columbia, for Appellant.

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Assistant Attorney General Brendan Jackson McDonald , all of Columbia, and J. Gregory Hembree , of Conway, for Respondent.

PIEPER, J.

Brian K. Spears appeals his convictions for murder and three counts of assault and battery with intent to kill (ABWIK). On appeal, Spears argues the trial court improperly admitted evidence of a prior shooting incident between Spears and Aaron Hammonds (Victim) that occurred one month before Victim was killed. Spears contends the trial court failed to conduct a balancing test to determine if the probative value of the prior shooting testimony was substantially...

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