State v. Tuffour
| Decision Date | 19 January 2007 |
| Citation | 641 S.E.2d 24 |
| Court | South Carolina Supreme Court |
| Parties | The STATE, Petitioner/Respondent, v. Kwasi Roosevelt TUFFOUR, Respondent/Petitioner. |
ORDER
On October 4, 2006, we granted certiorari to review the decision of State v. Tuffour, 364 S.C. 497, 613 S.E.2d 814 (Ct.App.2005). Subsequently, Tuffour pled guilty to a lesser-included offense and was sentenced to time served under the same indictment which was the subject of Tuffour's 2002 conviction and this appeal. Therefore, we dismiss the petitions for a writ of certiorari and vacate the Court of Appeals' opinion. Additionally, we vacate Tuffour's 2002 conviction, and vacate our prior order dated December 19, 2006.
IT IS SO ORDERED.
/s/ Jean H. Toal, C.J.
/s/ James E. Moore, J.
/s/ John H. Waller, Jr., J.
/s/ E.C. Burnett, III, J.
/s/ Costa M. Pleicones, J.
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2 cases
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State v. Perry
... ... This rule of evidence is universally recognized in American jurisprudence and is necessary to ensure that the presumption of innocence is not relegated to an empty phrase. State v. Tuffour , 364 S.C. 497, 502, 613 S.E.2d 814, 817 (Ct. App. 2005), vacated by settlement on other grounds , 371 S.C. 511, 641 S.E.2d 24 (2007) (per curiam). While the majority's lecture on the evils of propensity evidence may make good theater, it does little to answer the question of whether the trial ... ...
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State v. Wallace
... ... Compare, e.g., Vogel v. State, 315 Md. 458, 554 A.2d 1231 (Ct.App.1989). We have repeatedly held in non-sexual offense cases that, "the mere presence of similarity only serves to enhance the potential for prejudice," State v. Tuffour, 364 S.C. 497, 613 S.E.2d 814 (Ct.App.2005) vacated on other grounds 371 S.C. 511, 641 S.E.2d 24 (2007) internal citations omitted, yet under the majority's view, similarity is the touchstone of admissibility in child sexual offense cases. In my view, if we are to permit the admission of propensity ... ...