State v. Johnson, No. 23043

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtHARWELL; GREGORY
Citation298 S.C. 496,381 S.E.2d 732
Docket NumberNo. 23043
Decision Date05 June 1989
PartiesThe STATE, Respondent, v. Anthony JOHNSON, Appellant. . Heard

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381 S.E.2d 732
298 S.C. 496
The STATE, Respondent,
v.
Anthony JOHNSON, Appellant.
No. 23043.
Supreme Court of South Carolina.
Heard June 5, 1989.
Decided July 10, 1989.

[298 S.C. 497] Deputy Chief Atty., Elizabeth C. Fullwood, of S.C. Office of Appellate Defense, Columbia, for appellant.

Atty. Gen., T. Travis Medlock, Asst. Attys. Gen., Harold M. Coombs, Jr., and William Edgar Salter, III, and Sol. James C. Anders, Columbia, for respondent.

HARWELL, Justice:

Appellant Anthony Johnson was tried and convicted on March 7-9, 1988 for the murder of his estranged wife. This appeal follows.

DISCUSSION

On September 5, 1987, the partially clad body of appellant's wife was found in a

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wooded area near Fort Jackson. The victim died from aspiration of her own vomit, which was caused by a blow to the head. Appellant was found guilty of the murder and sentenced to life imprisonment.

On appeal, appellant argues that the court erred in allowing the prosecution to introduce two family court orders. The first order, dated March 6, 1987, admitted over objection, was issued upon the victim's "Petition for Order of Protection" under the "Protection from Domestic Abuse" Act. S.C.Code Ann. §§ 20-4-10 to 20-4-130 (1985). This order included a factual finding of physical abuse and ordered appellant to remain "away from the home and seek counseling."

The second order was dated August 10, 1987. It was issued upon petition of the victim, but was a mutual restraining order. In the order, the family court judge found that the parties had agreed to be "mutually restrained from harassing, molesting, abusing or threatening to abuse each other in any manner." Appellant stated that he had no objection to the second order because it was a consent order [298 S.C. 498] restraining both parties. Since appellant expressly consented to admission of the second order, he has waived his right to raise the issue on appeal. See State v. Vanderbilt, 287 S.C. 597, 340 S.E.2d 543 (1986) (Issues not presented to the trial judge may not be presented for the first time on appeal). Accordingly, we limit our review to include only the first order.

The prosecution also introduced a letter written from appellant to the victim. The victim's mother found the letter in the victim's pocketbook the day after her death. In the letter appellant stated:

I don't know if I told you this before or not but all my life I felt unloved but when I met you you changed that. At the time...

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46 practice notes
  • State v. Martucci, No. 4438.
    • United States
    • Court of Appeals of South Carolina
    • 24 Septiembre 2008
    ...He advanced Parker "cried some" during the interview because he told him that he was afraid of Martucci. See State v. Johnson, 298 S.C. 496, 498, 381 S.E.2d 732, 733 (1989) (stating admission of improper evidence is harmless where it is merely cumulative to other evidence); Broadd......
  • State v. Kirton, No. 4470.
    • United States
    • Court of Appeals of South Carolina
    • 17 Diciembre 2008
    ...S.E.2d 859 (1993) (finding any error in admission of evidence cumulative to other unobjected-to evidence is harmless); State v. Johnson, 298 S.C. 496, 498, 381 S.E.2d 732, 733 (1989) (instructing admission of improper evidence is harmless where it is merely cumulative to other evidence); Br......
  • State v. Chavis, No. 27491.
    • United States
    • United States State Supreme Court of South Carolina
    • 4 Febrero 2015
    ...this disclosure. Accordingly, any error in admission of Mrs. Griggs's testimony is harmless beyond a reasonable doubt. State v. Johnson, 298 S.C. 496, 498, 381 S.E.2d 732, 732 (1989) (admission of evidence is harmless where it is merely cumulative of other evidence). Mrs. Griggs's recommend......
  • State v. Gamble, No. 27307.
    • United States
    • United States State Supreme Court of South Carolina
    • 2 Octubre 2013
    ...officer's testimony had been admitted without objection, their admission was harmless even if improper. [747 S.E.2d 791]State v. Johnson, 298 S.C. 496, 499, 381 S.E.2d 732, 733 (1989); State v. Rice, 375 S.C. 302, 332, 652 S.E.2d 409, 424 (Ct.App.2007), overruled on other grounds by State v......
  • Request a trial to view additional results
46 cases
  • State v. Martucci, No. 4438.
    • United States
    • Court of Appeals of South Carolina
    • 24 Septiembre 2008
    ...questions. He advanced Parker "cried some" during the interview because he told him that he was afraid of Martucci. See State v. Johnson, 298 S.C. 496, 498, 381 S.E.2d 732, 733 (1989) (stating admission of improper evidence is harmless where it is merely cumulative to other evidence); Broad......
  • State v. Kirton, No. 4470.
    • United States
    • Court of Appeals of South Carolina
    • 17 Diciembre 2008
    ...S.E.2d 859 (1993) (finding any error in admission of evidence cumulative to other unobjected-to evidence is harmless); State v. Johnson, 298 S.C. 496, 498, 381 S.E.2d 732, 733 (1989) (instructing admission of improper evidence is harmless where it is merely cumulative to other evidence); Br......
  • State v. Chavis, No. 27491.
    • United States
    • United States State Supreme Court of South Carolina
    • 4 Febrero 2015
    ...this disclosure. Accordingly, any error in admission of Mrs. Griggs's testimony is harmless beyond a reasonable doubt. State v. Johnson, 298 S.C. 496, 498, 381 S.E.2d 732, 732 (1989) (admission of evidence is harmless where it is merely cumulative of other evidence). Mrs. Griggs's recommend......
  • State v. Gamble, No. 27307.
    • United States
    • United States State Supreme Court of South Carolina
    • 2 Octubre 2013
    ...officer's testimony had been admitted without objection, their admission was harmless even if improper. [747 S.E.2d 791]State v. Johnson, 298 S.C. 496, 499, 381 S.E.2d 732, 733 (1989); State v. Rice, 375 S.C. 302, 332, 652 S.E.2d 409, 424 (Ct.App.2007), overruled on other grounds by State v......
  • Request a trial to view additional results

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