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STATE v. DUKES

No. 5148.

404 S.C. 553 (2013)

745 S.E.2d 137

The STATE, Respondent, v. Henry Jermaine DUKES, Appellant.

Court of Appeals of South Carolina.

Filed June 26, 2013.

Rehearing Denied July 24, 2013.

Attorney(s) appearing for the Case

Appellate Defender Kathrine Haggard Hudgins , of Columbia, for Appellant.

Attorney General Alan McCrory Wilson , Chief Deputy Attorney General John W. McIntosh , Senior Assistant Deputy Attorney General Donald J. Zelenka , Senior Assistant Attorney General W. Edgar Salter III , all of Columbia; and Solicitor Jimmy A. Richardson II , of Conway, for Respondent.

FEW, C.J.

A jury found Henry Dukes guilty of murder for the shooting death of Andrico Gowans. Dukes argues the trial court erred in refusing to suppress an eyewitness's identification of Dukes for two reasons: (1) the pretrial hearing did not comport with due process because the detective who conducted the identification procedure was unavailable to testify; and (2) the identification procedure was impermissibly suggestive and created a substantial likelihood of misidentification...

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