State v. Adkins, 3585.

Citation577 S.E.2d 460,353 S.C. 312
Decision Date06 January 2003
Docket NumberNo. 3585.,3585.
PartiesThe STATE, Respondent, v. Murray Roger ADKINS, III, Appellant.
CourtCourt of Appeals of South Carolina

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

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia; and Solicitor John R. Justice, of Chester, for Respondent.

ANDERSON, J.

Murray Adkins was convicted of the murder of Greg Sims and possession of a firearm during the commission of a violent crime. He appeals his convictions asserting the judge erred in the jury instructions and allowing testimony about the victim's participation in high school athletics. We affirm.

FACTS/PROCEDURAL BACKGROUND

Josh Cramer, Tyrone Anthony, Marcus Hinton, Ryan Sims, and Greg Sims, the victim in this case, were involved in a drug transaction that went awry and ended in the deaths of three people. Cramer received a telephone call from Greg Sims, who told Cramer that he knew some people who wanted to purchase drugs. Anthony, Hinton, Greg Sims, and Ryan Sims rode to Cramer's house.

Upon arriving at Cramer's house, Greg Sims exited the vehicle and told Cramer the occupants of the vehicle wanted to "look" at the drugs. Cramer entered the vehicle and sat in the back seat. Greg Sims stayed at Cramer's house while Anthony, Hinton, Cramer, and Ryan Sims drove away. Cramer directed Hinton to drive to a location less than one mile from his house so the men could inspect the pound of marijuana Cramer had brought with him.

When Hinton stopped the car, Anthony asked to see the marijuana. Cramer gave the marijuana to Anthony, who then transferred it to Ryan Sims. Ryan Sims immediately jumped out of the car and ran away with the marijuana. Cramer stated that Hinton and Anthony pretended to look for Ryan Sims. Thereafter, Hinton drove back to Cramer's house and picked up Greg Sims. After riding around unsuccessfully searching for Ryan Sims, Cramer shot both Anthony and Hinton in the head. Greg Sims helped Cramer put the bodies of Anthony and Hinton in the trunk of the car Hinton had been driving.

Cramer and Greg Sims went to Kimbell Lee's house to ask for Lee's assistance in disposing the bodies. Cramer stated: "I told [Lee] I needed his help; that I was in way over my head." Lee agreed to help. According to Cramer, Lee declared "that he would page Murray [Adkins]." Cramer testified as to a conversation he and Lee had regarding Greg Sims and Cramer's fear that Sims would tell the police about the killings: "Well, I did say something to [Lee] about what I felt like I had to do.... That was to kill Greg [Sims].... I told him what I was going to do next."

After driving Hinton's car to a secluded area and leaving it, Cramer, along with Greg Sims, rode with Lee to an apartment complex where Murray Adkins was visiting with Anna Stanley. Lee went to the door of the apartment and asked Adkins to step outside. Lee informed Adkins that Cramer "had just killed two people." Adkins went back inside and told Stanley they had to leave. Cramer, Lee, and Greg Sims rode to Lee's uncle's home, where they picked up Adkins, who had been dropped off at the house by Stanley.

Cramer, Greg Sims, Lee, and Adkins collectively decided the car with the bodies in it should be burned. Lee drove Cramer and Greg Sims back to the car Hinton had been driving and left the two men there. Cramer and Greg Sims set the car on fire. Afterward, they started running toward the place where they planned to meet Lee and Adkins. Cramer pointed a gun at Greg Sims's head and pulled the trigger. However, the gun did not fire.

Cramer and Greg Sims then returned to Lee's car. Lee drove Cramer home. Cramer testified: "I got out and went in. And [Adkins] come up to the window. And he asked me for my nine millimeter. And I told him there was no more bullets in it. Then he asked for—I had a rifle; but I told him that it had not been shot.... The firing pin had broke, and it had not been fired." According to Cramer, Adkins told him "that he would just get his own gun." Lee corroborated, to some extent, Cramer's account of what occurred when the men arrived at Cramer's house. Lee averred that "[w]hen [Cramer] got out, Murray Adkins got out of the car and them two went around the back of [Cramer's] house" and the two men were "alone for some period of time." Lee, Adkins, and Greg Sims left Cramer's house.

Adkins instructed Lee to drive to a location where Adkins claimed he wanted to "get rid of" Cramer's gun. Once the men reached this area, they exited the car. Lee stated Murray "said `go look for a place to stash [the gun] like a tree trunk or a rock.'" Lee testified: "[A]bout that time I looked up, and [Adkins] just raised up and just started shooting; just shot Greg [Sims] about six or seven times."

During the early morning hours, Cramer returned "to the original scene of the drug transaction" to retrieve his pager which he had dropped. When Cramer checked his pager, he noticed that he had a voice mail. Cramer declared: "I called my pager to get the voice mail.... [I]t sounded like [Adkins's] voice.... All it said was `I took care of that.'"

After police unraveled the story, Adkins was charged with Greg Sims's murder and possession of a firearm during the commission of a violent crime. Adkins did not testify during the trial. He was convicted of both offenses.

LAW/ANALYSIS
I. JURY CHARGE ISSUES
A. Appellate Review of Jury Charges

Generally, the trial judge is required to charge only the current and correct law of South Carolina. State v. Burkhart, 350 S.C. 252, 565 S.E.2d 298 (2002); State v. Shuler, 344 S.C. 604, 545 S.E.2d 805 (2001); Clark v. Cantrell, 339 S.C. 369, 529 S.E.2d 528 (2000); Cohens v. Atkins, 333 S.C. 345, 509 S.E.2d 286 (Ct.App.1998); see also State v. Buckner, 341 S.C. 241, 534 S.E.2d 15 (Ct.App.2000)

(holding jury charge is proper if, as a whole, it is free from error and reflects current and correct law of South Carolina). In reviewing jury charges for error, we must consider the court's jury charge as a whole in light of the evidence and issues presented at trial. Burroughs & Chapin Co. v. South Carolina Dep't of Transp., 352 S.C. 535, 574 S.E.2d 751 (Ct.App.2002); see also State v. Todd, 290 S.C. 212, 349 S.E.2d 339 (1986) (when reviewing jury charge for error, Court must consider charge as a whole); see also Welch v. Epstein, 342 S.C. 279, 536 S.E.2d 408 (Ct.App.2000) (when reviewing jury charge for alleged error, appellate court must consider charge as a whole in light of evidence and issues presented at trial). If, as a whole, the charges are reasonably free from error, isolated portions which might be misleading do not constitute reversible error. Keaton ex rel. Foster v. Greenville Hosp. Sys., 334 S.C. 488, 514 S.E.2d 570 (1999); State v. Sims, 304 S.C. 409, 405 S.E.2d 377 (1991); State v. Jackson, 297 S.C. 523, 377 S.E.2d 570 (1989); see also State v. Grippon, 327 S.C. 79, 489 S.E.2d 462 (1997) (jury instructions should be considered as a whole, and if as a whole they are free from error, any isolated portions which may be misleading do not constitute reversible error); Waldrup v. Metropolitan Life Ins. Co., 274 S.C. 344, 263 S.E.2d 652 (1980) (stating appellate court must view jury charge as a whole before assigning prejudicial error to a discrete portion of the charge); State v. Hicks, 305 S.C. 277, 407 S.E.2d 907 (Ct.App.1991) (in reviewing challenged jury charge, judge's instructions must be considered as a whole; Court of Appeals will not find error based upon isolated excerpts which, standing alone, might be misleading).

A jury charge is correct if, when the charge is read as a whole, it contains the correct definition and adequately covers the law. In re McCracken, 346 S.C. 87, 551 S.E.2d 235 (2001); State v. Johnson, 315 S.C. 485, 445 S.E.2d 637 (1994); State v. Burton, 302 S.C. 494, 397 S.E.2d 90 (1990) (charge is sufficient if, when considered as a whole, it covers law applicable to case). The substance of the law is what must be charged to the jury, not any particular verbiage. Burkhart, 350 S.C. at 261,565 S.E.2d at 303; Keaton, 334 S.C. at 496,514 S.E.2d at 574; State v. Smith, 315 S.C. 547, 446 S.E.2d 411 (1994).

A jury charge which is substantially correct and covers the law does not require reversal. Keaton, 334 S.C. at 497-98, 514 S.E.2d at 575; State v. Foust, 325 S.C. 12, 479 S.E.2d 50 (1996); State v. Rabon, 275 S.C. 459, 272 S.E.2d 634 (1980); see also State v. Hoffman, 312 S.C. 386, 440 S.E.2d 869 (1994)

(as long as the charge is substantially correct and covers the law, reversal is not required). To warrant reversal, a trial judge's refusal to give a requested jury charge must be both erroneous and prejudicial to the defendant. State v. Hughey, 339 S.C. 439, 529 S.E.2d 721 (2000); State v. Harrison, 343 S.C. 165, 539 S.E.2d 71 (Ct.App.2000); see also Priest v. Scott, 266 S.C. 321, 223 S.E.2d 36 (1976) (in general, an alleged error in a portion of a charge must be considered in light of the whole charge, and must be prejudicial to the appellant to warrant a new trial).

B. Jury Charge—Exercise of the Right to Remain Silent

Adkins argues he is entitled to a new trial because the judge, in charging the jury, used the term "failure to testify" to refer to Adkins's choice to exercise his right to remain silent. We disagree.

Under the United States and South Carolina Constitutions, a defendant has a right to remain silent and to not testify during his trial. See U.S. Const. amend. V; S.C. Const. art. I, § 12. To make this right meaningful, our courts have held that it is impermissible for the State to comment directly or indirectly upon a defendant's failure to testify at trial. See Gill v. State, 346 S.C. 209, 552 S.E.2d...

To continue reading

Request your trial
110 cases
  • State v. Curry
    • United States
    • South Carolina Court of Appeals
    • October 9, 2006
    ...(Ct.App. 1996). "The substance of the law is what must be charged to the jury, not any particular verbiage." State v. Adkins, 353 S.C. 312, 318-19, 577 S.E.2d 460, 464 (Ct.App.2003). "Jury instructions must be considered as a whole and, if as a whole, they are free from error, any isolated ......
  • State v. Lyles
    • United States
    • South Carolina Court of Appeals
    • June 6, 2008
    ...1, 5, 647 S.E.2d 202, 204-205 (2007); State v. Douglas, 367 S.C. 498, 507, 626 S.E.2d 59, 64 (Ct.App.2006); State v. Adkins, 353 S.C. 312, 326, 577 S.E.2d 460, 468 (Ct.App.2003). "To show prejudice, there must be a reasonable probability that the jury's verdict was influenced by the challen......
  • State v. Staten, 3955.
    • United States
    • South Carolina Court of Appeals
    • March 7, 2005
    ...error, we must consider the court's jury charge as a whole in light of the evidence and issues presented at trial. State v. Adkins, 353 S.C. 312, 577 S.E.2d 460 (Ct.App.2003). A jury charge is correct if, when the charge is read as a whole, it contains the correct definition and adequately ......
  • State v. Douglas, 4075.
    • United States
    • South Carolina Court of Appeals
    • January 23, 2006
    ...or a factual conclusion that is without evidentiary support. State v. Irick, 344 S.C. 460, 545 S.E.2d 282 (2001); State v. Adkins, 353 S.C. 312, 577 S.E.2d 460 (Ct.App.2003). In order for an error to warrant reversal, the error must result in prejudice to the appellant. See Rule 103, SCRE; ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT