State v. Tapp
398 S.C. 376
| S.C. | 2012Background
- State appealed Ct.App’s reversal remanding Respondent’s convictions for new trial on Prodan reliability issue under White.
- Circuit court admitted Special Agent Prodan as an expert without a pre-admission reliability determination.
- Prodan testified on crime scene analysis and victimology; defense objected to qualification and reliability.
- Victim Julie Jett was murdered and sexually assaulted; DNA evidence linked Respondent but with limitations.
- Ct.App found no pre-admission reliability vetting and reversed; this Court held error, but harmless.
- Court reinstated Respondent’s convictions and reversed Ct.App, while preserving questions for appellate review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of reliability objection | State contends the issue was preserved by timely, specific objections. | Tapp argues no specific object to reliability findings prior to admission. | Preserved; proper proceedings analyzed under White |
| Whether record shows circuit judge vetted reliability before admitting Prodan | State argues the judge implicitly vetted reliability by qualifying Prodan as an expert. | Tapp argues no pre-admission reliability evaluation occurred. | Error in admission; reliability not properly vetted |
| Harmlessness of Prodan’s erroneous admission | State asserts error was harmless beyond a reasonable doubt. | Tapp asserts the error was not harmless given DNA and confession testimony. | Harmless beyond reasonable doubt |
Key Cases Cited
- State v. White, 382 S.C. 265 (2009) (non-scientific expert reliability must be vetted pre-admission)
- Chapman v. California, 386 U.S. 18 (1967) (harmless error standard)
- State v. Mizzell, 349 S.C. 326 (2002) (harmless-error framework; error not to contribute to verdict)
- State v. Douglas, 380 S.C. 499 (2009) (admissibility versus weight; discretion in evidentiary rulings)