State v. Hart
Citation | 304 S.C. 99,403 S.E.2d 144 |
Decision Date | 13 February 1991 |
Docket Number | No. 1628,1628 |
Court | Court of Appeals of South Carolina |
Parties | The STATE, Respondent, v. John Henry HART, Appellant. . Heard |
Asst. Appellate Defender Robert M. Pachak, Columbia, for appellant.
Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and Amie L. Clifford, Columbia, and Sol. Larry F. Grant, York, for respondent.
John Henry Hart was convicted of armed robbery and unlawful use of a weapon. During the trial, Hart sought to exhibit his physical characteristics to the jury so as to point out discrepancies between his physical appearance and the physical description given by Shirley Jean Helms, the State's main witness, to investigating officers after the robbery of the convenience store where Helms worked. Because the trial court conditioned any such exhibition on Hart's being cross-examined, Hart refrained from exhibiting his physical characteristics to the jury. Hart appeals. We affirm.
An exhibition by a defendant of the defendant's physical characteristics does not implicate the defendant's privilege against self-incrimination since the exhibition is not testimonial. See Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966) ( ); United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967) ( ); State v. Newton, 274 S.C. 287, 262 S.E.2d 906 (1980) ( ); State v. Jones, 268 S.C. 227, 233 S.E.2d 287 (1977) ( ); State v. Vice, 259 S.C. 30, 190 S.E.2d 510 (1972) ( ). Although the trial court should not have conditioned the exhibiting of Hart's physical characteristics as it did, the error is harmless beyond a reasonable doubt and affords no basis for reversal. See Delaware v. Van Arsdall, 475 U.S. 673, 106 S.Ct. 1431, 89 L.Ed.2d 674 (1986) ( ); State v. Mitchell, 286 S.C....
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State v. Hart
...GREGORY, Chief Justice: This case is before us on a writ of certiorari to review the Court of Appeals' decision reported at 304 S.C. 99, 403 S.E.2d 144 (1991). We reverse and remand for a new Petitioner was convicted of armed robbery and unlawful use of a firearm. At trial, the only contest......