State v. Martin, No. 25093.

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtTOAL, Justice
Decision Date27 March 2000
PartiesThe STATE, Respondent, v. Michael Anthony MARTIN, Appellant.
Docket NumberNo. 25093.

340 S.C. 597
533 S.E.2d 572

The STATE, Respondent,
v.
Michael Anthony MARTIN, Appellant

No. 25093.

Supreme Court of South Carolina.

Heard January 5, 2000.

Filed March 27, 2000.

Refiled June 12, 2000.


340 S.C. 598
Chief Attorney Daniel T. Stacey, of South Carolina Office of Appellate Defense, of Columbia, for appellant

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Robert E. Bogan, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, all for respondent.

ORDER

The opinion heretofore filed in this case, Opinion No. 25093, filed March 27, 2000 is withdrawn and the attached opinion is substituted in its place. The third paragraph of the Law/Analysis section in the initial opinion has been modified. Furthermore, the last three paragraphs of that section have been deleted. Respondent's petition for rehearing is denied.

/s/ Jean H. Toal, C.J /s/ Ernest A. Finney, Jr., C.J /s/ James E. Moore, J. /s/ John H. Waller, Jr., J.
340 S.C. 599
/s/ E.C. Burnett, III, J.

TOAL, Justice:

Appellant Michael Martin ("Defendant") and Pierre Wilson ("Co-defendant Wilson") were convicted of murder. Defendant has appealed. We reverse.

FACTUAL/PROCEDURAL BACKGROUND

Dwayne Cobb ("Victim") was found dead in his apartment on October 16, 1996. Victim's body was found face down in a bucket of water. Drowning was the official cause of death. No time of death was established, but Victim was last seen alive around 2:00 a.m. to 2:15 a.m. The coroner testified that Victim had eaten a fish sandwich within 2 hours prior to his death, but when Victim ate the sandwich is unknown. His body was not discovered until around noon the following day.

Victim was a barber who regularly gave haircuts both at his place of employment and at his apartment. On October 15, 1996, the day before his murder, Defendant and Co-defendant Wilson were both at Victim's apartment between 11:30 a.m. and noon so that Co-defendant Wilson could get a haircut. During the haircut, Victim's friend Shannon Cobb1 arrived at the apartment. Both defendants left the apartment after the haircut. Victim and Shannon Cobb then left to run errands and take Cobb to work. Cobb testified that Victim discussed with Defendant and Co-defendant Wilson his plans to travel to New York to do some shopping.

During the afternoon, Victim visited his friend Derrick Haygood in Clemson and they played with their pet dogs. Around 6:00 p.m., Victim and Haygood left Clemson and went to Seneca. Later that night, Victim picked up Shannon Cobb from work at 11:30 p.m. The two then went by the Steak and Waffle to get take-out food to eat. Victim took Cobb to her apartment, stayed a few minutes, got a beep on his beeper from Derrick Haygood, used the phone, and left. An unknown amount of time after leaving her apartment, Victim called Shannon Cobb to tell her the Steak and Waffle had given him a fish sandwich instead of the chicken sandwich he ordered. Derrick Haygood and his girlfriend Annitra Robinson

340 S.C. 600
testified that Victim stopped by his apartment in Clemson around 2:00 a.m. the morning of his murder. Victim stayed for a only a brief period of time and left. Victim's home is about a 5 minute drive from Haygood's trailer.

Defendant and Co-defendant Wilson shared an apartment in Pendleton with each other and Defendant's girlfriend Marsha Bhagwandin, an entertainer at a Greenville bar named Nepal's. Bhagwandin testified that around 6:00 p.m. to 7:00 p.m. on the day before the murder Defendant and Co-defendant Wilson took her to work. They kept Bhagwandin's car, a 1996 black Mustang with tinted windows which had an air freshener and parking pass hanging from the rear view mirror. They were to pick her up at 2:00 a.m. when she got off work. When they were late picking Bhagwandin up from work, she left Nepal's and went to a bar called The Hourglass on Laurens Road in Greenville. Defendant and Co-defendant Wilson arrived at The Hourglass around 3:45 a.m. to take Bhagwandin home. When asked why they were late, Bhagwandin testified that Defendant replied "some shit happened" and that Co-defendant Wilson added "somebody may have died tonight." The three went home to Pendleton and stayed there the rest of the night.

Witness Kalita Owens testified that she left a friend's apartment between 2:00 a.m. and...

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26 practice notes
  • State v. Moore, No. 4247.
    • United States
    • Court of Appeals of South Carolina
    • May 18, 2007
    ...347 S.C. 316, 555 S.E.2d 402 (2001); State v. Al-Amin, 353 S.C. 405, 411, 578 S.E.2d 32, 35 (Ct.App.2003); see also State v. Martin, 340 S.C. 597, 533 S.E.2d 572 (2000) (stating where the evidence is circumstantial, a trial court has the duty to submit a case to jury so long as there is sub......
  • State v. Cherry, No. 3296.
    • United States
    • Court of Appeals of South Carolina
    • February 12, 2001
    ...which reasonably tends to prove the guilt of the accused or from which his guilt may be fairly and logically deduced. State v. Martin, 340 S.C. 597, 602, 533 S.E.2d 572, 574 (2000) (citing State v. Williams, 321 S.C. 327, 468 S.E.2d 626 (1996)). Still other cases indicate some distinction b......
  • State v. Cherry, No. 3406.
    • United States
    • Court of Appeals of South Carolina
    • November 13, 2001
    ...which reasonably tends to prove the guilt of the accused or from which his guilt may be fairly and logically deduced. State v. Martin, 340 S.C. 597, 602, 533 S.E.2d 572, 574 (2000) (citing State v. Williams, 321 S.C. 327, 468 S.E.2d 626 (1996)). Still other cases indicate some distinction b......
  • State v. Zeigler, No. 3967.
    • United States
    • Court of Appeals of South Carolina
    • March 21, 2005
    ...313 (2002); State v. Buckmon, 347 S.C. 316, 555 S.E.2d 402 (2001); Al-Amin, 353 S.C. at 411, 578 S.E.2d at 35; see also State v. Martin, 340 S.C. 597, 533 S.E.2d 572 (2000) (stating trial court has duty to submit case to jury where evidence is circumstantial, if there is substantial circums......
  • Request a trial to view additional results
26 cases
  • State v. Moore, No. 4247.
    • United States
    • Court of Appeals of South Carolina
    • May 18, 2007
    ...347 S.C. 316, 555 S.E.2d 402 (2001); State v. Al-Amin, 353 S.C. 405, 411, 578 S.E.2d 32, 35 (Ct.App.2003); see also State v. Martin, 340 S.C. 597, 533 S.E.2d 572 (2000) (stating where the evidence is circumstantial, a trial court has the duty to submit a case to jury so long as there is sub......
  • State v. Cherry, No. 3296.
    • United States
    • Court of Appeals of South Carolina
    • February 12, 2001
    ...which reasonably tends to prove the guilt of the accused or from which his guilt may be fairly and logically deduced. State v. Martin, 340 S.C. 597, 602, 533 S.E.2d 572, 574 (2000) (citing State v. Williams, 321 S.C. 327, 468 S.E.2d 626 (1996)). Still other cases indicate some distinction b......
  • State v. Cherry, No. 3406.
    • United States
    • Court of Appeals of South Carolina
    • November 13, 2001
    ...which reasonably tends to prove the guilt of the accused or from which his guilt may be fairly and logically deduced. State v. Martin, 340 S.C. 597, 602, 533 S.E.2d 572, 574 (2000) (citing State v. Williams, 321 S.C. 327, 468 S.E.2d 626 (1996)). Still other cases indicate some distinction b......
  • State v. Zeigler, No. 3967.
    • United States
    • Court of Appeals of South Carolina
    • March 21, 2005
    ...313 (2002); State v. Buckmon, 347 S.C. 316, 555 S.E.2d 402 (2001); Al-Amin, 353 S.C. at 411, 578 S.E.2d at 35; see also State v. Martin, 340 S.C. 597, 533 S.E.2d 572 (2000) (stating trial court has duty to submit case to jury where evidence is circumstantial, if there is substantial circums......
  • Request a trial to view additional results

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