State v. Kotowski

Decision Date03 June 2020
Docket NumberAppellate Case No. 2019-001206,Opinion No. 27977
Citation844 S.E.2d 650 (Mem),430 S.C. 318
Parties The STATE, Respondent, v. Felix KOTOWSKI, Petitioner.
CourtSouth Carolina Supreme Court

Appellate Defender Lara M. Caudy, of Columbia, for Petitioner.

Attorney General Alan Wilson and Senior Assistant Attorney General David Spencer, both of Columbia; and First Circuit Solicitor David M. Pascoe Jr., of Orangeburg, for Respondent.

PER CURIAM:

We granted a writ of certiorari to review the court of appeals' decision in State v. Kotowski , 427 S.C. 119, 828 S.E.2d 605 (Ct. App. 2019). Having carefully reviewed the matter, we affirm the court of appeals in part and vacate in part. We adopt the court of appeals' well-reasoned opinion, with the exception of Section III of the opinion. We vacate Section III of the court of appeals' opinion pertaining to the admission of the NPLEx records during trial. Assuming, without deciding, that the admission of the NPLEx records during trial was erroneous, as Petitioner asserts, we find the error is harmless in light of the overwhelming evidence of guilt. Accordingly, the decision of the court of appeals is affirmed in part and vacated in part.

AFFIRMED IN PART, VACATED IN PART.

BEATTY, C.J., KITTREDGE, HEARN, FEW and JAMES, JJ., concur.

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4 cases
  • State v. Boston
    • United States
    • South Carolina Court of Appeals
    • March 10, 2021
    ...in State v. Kotowski , 427 S.C. 119, 828 S.E.2d 605 (Ct. App. 2019), aff'd in part, vacated in part on other grounds , 430 S.C. 318, 844 S.E.2d 650 (2020) (per curiam). In Kotowski , the sheriff's office of Dorchester County received an anonymous tip alerting the department to drug use at a......
  • State v. Ferguson
    • United States
    • South Carolina Court of Appeals
    • June 1, 2022
    ...State v. Lesley , 326 S.C. 641, 644, 486 S.E.2d 276, 277 (Ct. App. 1997) ), aff'd in part, vacated in part on other grounds , 430 S.C. 318, 844 S.E.2d 650 (2020). It is more than a hunch but amounts to less than what is required for probable cause. Boston , 433 S.C. at 185, 857 S.E.2d at 31......
  • State v. Ferguson
    • United States
    • South Carolina Court of Appeals
    • June 1, 2022
    ...State v. Lesley, 326 S.C. 641, 644, 486 S.E.2d 276, 277 (Ct. App. 1997)), aff'd in part, vacated in part on other grounds, 430 S.C. 318, 844 S.E.2d 650 (2020). It is than a hunch but amounts to less than what is required for probable cause. Boston, 433 S.C. at 185, 857 S.E.2d at 31. In eval......
  • Georgetown Cnty. v. Davis & Floyd, Inc.
    • United States
    • South Carolina Supreme Court
    • June 3, 2020

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