State v. Griswold
Decision Date | 07 November 2018 |
Docket Number | 2018-UP-416 |
Parties | The State, Respondent, v. Aaron Baynard Griswold, Appellant. Appellate Case No. 2016-001215 |
Court | South Carolina Court of Appeals |
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
Submitted September 6, 2018
Appeal From York County John C. Hayes, III, Circuit Court Judge
Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant.
Attorney General Alan McCrory Wilson and Assistant Senior Attorney General William M. Blitch, Jr., both of Columbia for Respondent.
Aaron Baynard Griswold appeals the trial court's order, arguing the court erred in (1) finding the State presented a sufficient chain of custody to admit the videos of children engaged in sexual activity and (2) denying Griswold's motion to exclude the videos from evidence as overly prejudicial. We affirm pursuant to Rule 220(b), SCACR, and the following authorities:
1. As to Griswold's argument the trial court erred in finding the State presented a sufficient chain of custody because the two men who completed the imaging processes in both 2007 and 2014 were not present at trial for cross-examination State v. Hatcher, 392 S.C. 86, 91, 708 S.E.2d 750, 753 (2011) ; id. ; id. ; id. ; State v. Freiburger, 366 S.C. 125, 134, 620 S.E.2d 737, 741-42 (2005) (); State v. Brockmeyer, 406 S.C. 324, 340, 751 S.E.2d 645, 653 (2013) ; State v. Trapp, 420 S.C. 217, 236, 801 S.E.2d 742, 752 (Ct. App. 2017) (); United States v. Hayes, 612 Fed.Appx. 673, 675 (4th Cir. 2015) ().
2. As to Griswold's argument the trial court erred in denying his motion to exclude the videos from evidence depicting child pornography because the videos were inflammatory and not needed to substantiate material facts due to the State providing a detailed summary of the videos' content: S.C Code Ann. § 16-15-410 (2015) (); Rule 403, SCRE ("Although relevant, evidence may be excluded if its probative value is substantially outweighed by the...
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