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The State of South Carolina v. Gregg Pickrell
Date: 08-14-2024
Case Number:
Judge: William A. McKinnon
Court: Circuit Court, Kershaw County South Carolina
Plaintiff's Attorney: Kershaw County South Carolina Solicitor's Office
Defendant's Attorney:
Click Here For The Best Camden Criminal Defense Lawyer Directory
Description:
Demary and Pickrell did not live together but were somewhat romantically involved. Pickrell contends Demary routinely abused her. The shooting occurred within the relatively tight confines of Pickrell's bedroom in her residence. Pickrell concedes she shot Demary once and that the entry wound was in Demary's back, but Pickrell contends she shot Demary in self-defense as he was lunging toward her.
SLED Agent Claycomb's testimony is fully summarized by the court of appeals. Id. at 433, 447-50, 867 S.E.2d at 474, 481-83. Agent Claycomb and her partner responded to the scene at the request of the Kershaw County Sheriff. She testified she assisted in processing the scene and that while doing so, she located a shell casing in a clothes hamper just inside Pickrell's bedroom. She then testified over Pickrell's objection about the ejection patterns of a semi-automatic pistol.
The State concedes Agent Claycomb's ejection-pattern testimony was inadmissible because evidence of the various ejection patterns of a semi-automatic pistol requires expert testimony. The court of appeals held any error in the admission of the testimony was harmless because it was fully refuted by the expert testimony of SLED Agent James Green and because there was no dispute as to where the shooting took place. Id. at 447-50, 867 S.E.2d at 481-83. While we disagree with the court of appeals that the error in admitting Agent Claycomb's testimony was rendered harmless by Agent Green's testimony, we agree the error was harmless because the location of the shooting was not in dispute. There is no dispute Pickrell fired once and that she fired the shot while standing either in her bedroom doorway or just inside that doorway. There is no dispute Demary was in the bedroom when Pickrell shot him.
Rule 701 provides:
If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which (a) are rationally based on the perception of the witness, (b) are helpful to a clear understanding of the witness' testimony or the determination of a fact in issue, and (c) do not require special knowledge, skill, experience or training.
Camden, South Carolina first-degree murder criminal defense lawyer represented Gregg Prckrell accused of murdering Robert Lamont Demary.
Demary and Pickrell did not live together but were somewhat romantically involved. Pickrell contends Demary routinely abused her. The shooting occurred within the relatively tight confines of Pickrell's bedroom in her residence. Pickrell concedes she shot Demary once and that the entry wound was in Demary's back, but Pickrell contends she shot Demary in self-defense as he was lunging toward her.
SLED Agent Claycomb's testimony is fully summarized by the court of appeals. Id. at 433, 447-50, 867 S.E.2d at 474, 481-83. Agent Claycomb and her partner responded to the scene at the request of the Kershaw County Sheriff. She testified she assisted in processing the scene and that while doing so, she located a shell casing in a clothes hamper just inside Pickrell's bedroom. She then testified over Pickrell's objection about the ejection patterns of a semi-automatic pistol.
The State concedes Agent Claycomb's ejection-pattern testimony was inadmissible because evidence of the various ejection patterns of a semi-automatic pistol requires expert testimony. The court of appeals held any error in the admission of the testimony was harmless because it was fully refuted by the expert testimony of SLED Agent James Green and because there was no dispute as to where the shooting took place. Id. at 447-50, 867 S.E.2d at 481-83. While we disagree with the court of appeals that the error in admitting Agent Claycomb's testimony was rendered harmless by Agent Green's testimony, we agree the error was harmless because the location of the shooting was not in dispute. There is no dispute Pickrell fired once and that she fired the shot while standing either in her bedroom doorway or just inside that doorway. There is no dispute Demary was in the bedroom when Pickrell shot him.
Rule 701 provides:
If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which (a) are rationally based on the perception of the witness, (b) are helpful to a clear understanding of the witness' testimony or the determination of a fact in issue, and (c) do not require special knowledge, skill, experience or training.
Outcome:
Convicted.
Affirmed
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of The State of South Carolina v. Gregg Pickrell?
The outcome was: Convicted. Affirmed
Which court heard The State of South Carolina v. Gregg Pickrell?
This case was heard in Circuit Court, Kershaw County South Carolina, SC. The presiding judge was William A. McKinnon.
Who were the attorneys in The State of South Carolina v. Gregg Pickrell?
Plaintiff's attorney: Kershaw County South Carolina Solicitor's Office. Defendant's attorney: Click Here For The Best Camden Criminal Defense Lawyer Directory.
When was The State of South Carolina v. Gregg Pickrell decided?
This case was decided on August 14, 2024.