State v. Lee, 399 S.C. 521

Lee is charged with CSC with a minor, lewd act, and two unlawful neglect counts, based on Victim's account of events in Lee's home.
Victim resided with Lee and Buie until mid-2007; she reported alleged touching, sexual activity, and drug use at Lee's home.
Arrest warrants issued in 2008; Marshals located Buie in a camper and Lee in Sumter, SC.
During trial, State admitted 25 graphic images from a digital camera but published only Exhibits 149 and 150.
Trial court admitted the two photographs; Lee was convicted on all counts and sentenced to concurrent terms; on appeal, court reversed and remanded for the photos issue.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of sexually graphic photographs under Rule 403	Lee argues photos were unduly prejudicial, irrelevant, and cumulative.	State asserts photos corroborate Victim's testimony and are probative.	Admission reversed; highly prejudicial and improper; remand.

State v. Kirton, 381 S.C. 7 (Ct. App. 2008) (appellate review of factual findings)
State v. Preslar, 364 S.C. 466 (Ct. App. 2005) (factual sufficiency standard)
State v. Wilson, 345 S.C. 1 (Ct. App. 2001) (standard for evidentiary rulings)
State v. Mattison, 352 S.C. 577 (Ct. App. 2003) (evidence review framework)
State v. Saltz, 346 S.C. 114 (Ct. App. 2001) (trial court discretion in evidence rulings)
State v. Hamilton, 344 S.C. 344 (Ct. App. 2001) (abuse of discretion standard)
State v. Collins, 398 S.C. 197 (Ct. App. 2012) (probative value vs. unfair prejudice analysis)
State v. Gilchrist, 329 S.C. 621 (Ct. App. 1998) (unfair prejudice concept)
State v. Holder, 382 S.C. 278 (2009) (unfair prejudice in photographs)
State v. White, 372 S.C. 364 (Ct. App. 2007) (prejudice evaluation context)
State v. Mitchell, 286 S.C. 572 (1985) (harmless error standard)
Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598 (1999) (dispositive ruling may resolve appeal)