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STATE v. NANCE

No. 26998.

393 S.C. 289 (2011)

712 S.E.2d 446

The STATE, Appellant, v. Robert Lee NANCE, Respondent.

Supreme Court of South Carolina.

Decided July 11, 2011.

Rehearing Denied August 5, 2011.

Attorney(s) appearing for the Case

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General William Edgar Salter III, of Columbia; and Solicitor Barry Joe Barnette, of Spartanburg, for Appellant.

John D. Delgado, of Bluestein, Nichols, Thompson & Delgado, LLC, and Jonathan McKey Milling, of Milling Law Firm, LLC, both of Columbia, for Respondent.

Chief Justice TOAL.

The State appeals the trial court's grant of Robert Lee Nance's (Respondent) pre-trial motion to suppress the testimony of Robert Fraley, the victim, in Respondent's new trial after this Court granted post-conviction relief (PCR) in Nance v. Ozmint, 367 S.C. 547, 626 S.E.2d 878 (2006) (Nance II).

Mr. Fraley survived Respondent's attack in 1993 and testified...

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