Supreme Court of South Carolina, 2009

State v. Hubner

State v. Hubner
Supreme Court of South Carolina · Decided August 17, 2009 · Burnett, Toal, Waller, Beatty, Pleicones
683 S.E.2d 279; 384 S.C. 436; 2009 S.C. LEXIS 363 (South Eastern Reporter, Second Series)

State v. Hubner

Opinion of the Court

Acting Justice BURNETT.

Respondent/Petitioner (Hubner) was convicted of six counts of lewd act upon a child and was sentenced to three consecutive twelve-year terms of imprisonment, two concurrent twelve-year terms of imprisonment, and one fifteen-year term of imprisonment, which was suspended on service of five years’ probation. Hubner appealed.

The Court of Appeals reversed the convictions, holding the trial judge committed reversible error in admitting evidence of a prior sexual assault against a different victim. State v. Hubner, 362 S.C. 572, 608 S.E.2d 463 (Ct.App. 2005). In light of our holding in State v. Wallace, 384 S.C. 428, 683 S.E.2d 275 (2009), the decision of the Court of Appeals is

REVERSED.

TOAL, C.J., and WALLER, J., concur. BEATTY, J., concurring in result only. PLEICONES, J., dissenting in a separate opinion.

Dissenting Opinion

Justice PLEICONES.

For the reasons given in my dissent in State v. Wallace, 384 S.C. 428, 683 S.E.2d 275 (2009), I respectfully dissent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.