State v. Phillips

Summary

The South Carolina Supreme Court affirmed as modified Donna Lynn Phillips's conviction and twenty-five-year sentence for homicide by child abuse arising from her grandson's hydrocodone overdose. The court held that Phillips's own testimony could be considered under the waiver rule, but testimony offered by a co-defendant's witness could not; nevertheless, the remaining evidence was sufficient to support denial of the directed verdict motion.

Holdings

1. By presenting evidence in her own defense, Phillips waived her right to have the sufficiency of the State's case reviewed solely on the State's case-in-chief; her own testimony could therefore be considered.
2. The waiver-rule exception applies not only to testimony of a codefendant but also to testimony offered by a codefendant's witnesses. The court of appeals therefore erred by considering Kayla Roper's testimony.
3. The trial court properly denied Phillips's directed verdict motion because the State presented sufficient direct and circumstantial evidence from which a reasonable juror could find that she administered the medication causing Child's death under circumstances manifesting extreme indifference to human life.

Questions Presented

1. Whether the court of appeals erred in affirming the denial of Phillips's directed verdict motion by considering testimony presented by a codefendant and Phillips's own testimony.
2. Whether, after excluding testimony offered by the codefendant, the State presented sufficient evidence of homicide by child abuse, including extreme indifference to human life, to withstand a directed verdict motion.

Disposition

affirmed