The State, Respondent v. Donny G. Brown, Appellant (South Carolina 2001)

Summary

The court affirmed Brown's murder conviction, holding that some character-related testimony was inadmissible while other testimony was properly admitted as habit evidence. The inadmissible testimony about Brown's general violence and gambling did not require reversal because its impact was minimal in light of properly admitted evidence and the entire record. The separate-opinions record contains no dissent or concurrence.

Holding

Evidence of Brown's violent nature. Testimony that Brown became violent when angry and agitated described a general propensity rather than specific, particularized conduct and was inadmissible as habit evidence. Its admission was nevertheless harmless beyond a reasonable doubt because properly admitted evidence of Brown's prior attack on the victim conveyed the same information.

Evidence that Brown carried a gun. Testimony that Brown usually kept his gun in his belt, pocket, or nearby described a specific and particularized pattern of conduct and was properly admitted as habit evidence to show he acted consistently with that pattern on the night of the shooting.

Evidence of Brown's gambling. The testimony that Brown gambled was either opened up by Brown's questioning or, even if not, its admission was harmless beyond a reasonable doubt because it was not repeated and did not suggest a propensity to commit the charged violent offense.

The State, Respondent v. Donny G. Brown, Appellant

Summary

Holding

Cited authorities

Cited by