State v. White
State v. White
Opinion of the Court
Victor White was convicted of murder and armed robbery stemming from a shooting during an arranged marijuana purchase. The incident took place inside of the victim’s vehicle at an empty Kentucky Fried Chicken (KFC) parking lot. White appeals his convictions, arguing the trial court erred in admitting his recorded statement because the statement was the direct product of the impermissible tactic of “question first, give Miranda
1. Voluntariness and Admissibility of White’s Statement
In both Seibert and Navy, the courts emphasized that Miranda’s warnings requirement cannot be skirted by interrogative tactics that undermine the very purpose of Miranda, i.e., unless and until such warnings and waiver are given, no evidence obtained as a result of interrogation can be used against a defendant at trial. See Miranda, 384 U.S. at 478-79, 86 S.Ct. 1602; Seibert, 542 U.S. at 617, 124 S.Ct. 2601; Navy, 386 S.C. at 303-04, 688 S.E.2d at 842.
Because there is conflicting evidence, the trial court was charged with making a finding that White received Miranda warnings and intelligently waived his right to silence prior to making a statement. See State v. Silver, 307 S.C. 326, 330, 414 S.E.2d 813, 815 (Ct.App. 1992) (“Where there is conflicting evidence regarding the statements, the court must make a finding as to their validity.”). White concedes his statement was given “voluntarily.” However, he contests the timing of the Miranda warnings, which necessarily implicates State v. Navy and the issue of whether he intelligently and voluntarily waived his right to remain silent prior to making a statement. See State v. Miller, 375 S.C. 370, 380, 652 S.E.2d 444, 449 (Ct.App. 2007) (finding the “intelligent waiver mandate” is in addition to the voluntariness requirement of Miranda).
In the pre-trial Jackson v. Denno
2. Harmless Error
Even if, as White argues, his statement was admitted in violation of Navy, we believe any error in its admission was harmless beyond a reasonable doubt.
In State v. Creech, 314 S.C. 76, 441 S.E.2d 635 (Ct.App. 1993), this court reiterated the Supreme Court of the United States’ holding in Chapman v. California
Furthermore, the testimony presented at trial also placed White at the crime scene and overwhelmingly established White’s guilt. Reggie Miller, an accomplice, testified he and White agreed to participate in a robbery, under the guise of a marijuana purchase, on the night of the murder. Miller recalled White made a phone call to Victim and arranged a meeting in the KFC parking lot near Benedict College in Columbia, South Carolina. Miller testified that after he and White walked to KFC, Victim pulled into the parking lot in his vehicle.
In line with Miller’s testimony, Demond Sanford, the other accomplice, testified about the details of the murder. Sanford admitted he stood on the street corner and served as “a lookout” during the robbery. Sanford recalled White and Miller got in Victim’s vehicle after it pulled into the KFC parking lot, and shortly thereafter “[he] heard a loud pop.” Sanford further testified that immediately after Miller walked away from the scene, Miller, in a panicked state, told him that
Still, other testimony from the trial established White’s overwhelming guilt. Jeremiah Henderson — a friend who let White, Miller, and Sanford into his Benedict College dorm room after the murder — testified that White laughed about the incident and repeatedly boasted, “I shot that man [in the robbery]” and “I can’t believe [Victim] let me sit behind him.” Henderson also testified he saw White with a gun that night. Finally, Nathaniel Jones — roommate of Henderson and an “ear” witness who pretended to be asleep in the dorm room
CONCLUSION
Even though the trial court’s Denno finding was insufficient, we find the entire record on appeal establishes beyond a reasonable doubt that any error in the admission of White’s statement did not contribute to the verdict obtained. Accordingly, the decision of the trial court is
AFFIRMED.
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
. The State also cites both White's and the investigators’ testimony stating the initial questioning did not begin until "around midnight,” which coincides with the timing listed on the signed Miranda rights waiver form (11:55 P.M.).
. 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964) (outlining the procedure for a pre-trial hearing to determine the voluntariness and admissibility of a defendant's contested statement).
. 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967).
. Cf. Arizona v. Fulminante, 499 U.S. 279, 310, 111 S.Ct. 1246, 113 L.Ed.2d 302 (1991) (holding the erroneous admission of an involuntary confession is subject to a harmless error analysis when the defendant’s guilt is established beyond a reasonable doubt).
. The KFC was closed for the night.
. According to Jones, he was awoken when White, Miller, Sanford, and Henderson came into his room around 2:00 A.M., but he pretended to be asleep because he did not want to become involved.
Dissenting Opinion
dissenting.
I agree with the majority that the trial court failed to make sufficient factual findings. From the trial court’s conclusory statement, we cannot determine whether the court admitted
Case-law data current through December 31, 2025. Source: CourtListener bulk data.