State v. Owens, 378 S.C. 636

Summary

The Supreme Court of South Carolina affirmed Freddie Eugene Owens's death sentence following a second resentencing proceeding. The court held that two unpreserved appellate issues were not reviewable and found no abuse of discretion in admitting redacted prison disciplinary records under the business-records exception to the hearsay rule; it also conducted and approved proportionality review.

Holdings

1. The claims concerning juror disqualification and the solicitor's closing argument were not preserved for appellate review because Owens made no objection at trial.
2. The trial court did not abuse its discretion by admitting redacted prison disciplinary records under the business-records exception where the admitted incidents were witnessed by prison staff and the records were otherwise treated as trustworthy.
3. The death sentence was not imposed as a result of passion, prejudice, or another arbitrary factor and was neither excessive nor disproportionate in comparison with other South Carolina cases.

Questions Presented

1. Whether the trial court erred in disqualifying a juror when the issue was not preserved by a contemporaneous objection.
2. Whether the solicitor's closing argument was improper when no objection was made at trial.
3. Whether the trial court erred in admitting redacted prison disciplinary records under the business-records exception to the hearsay rule.
4. Whether the death sentence was excessive or disproportionate under mandatory proportionality review.

Disposition

affirmed