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State v. Burgess

Supreme Court of South Carolina

July 2, 2014

The State, Respondent,
v.
Lawrence Burgess, Petitioner

Heard October 16, 2013

Page 408

[Copyrighted Material Omitted]

Page 409

Appeal From Lexington County. Appellate Case No. 2011-194288. James W. Johnson, Jr., Circuit Court Judge.

Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner.

Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Deputy Attorney General Deborah R.J. Shupe, all of Columbia; Solicitor Donald V. Myers, of Lexington, for Respondent.

JUSTICE BEATTY. TOAL, C.J., KITTREDGE and HEARN, JJ., concur. PLEICONES, J., concurring in result only.

OPINION

[408 S.C. 425]

Page 410

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

BEATTY JUSTICE 

Lawrence Burgess was convicted of possession of crack cocaine with intent to distribute and sentenced to three years [408 S.C. 426] in prison and ordered to pay a $25,000 fine. The Court of Appeals affirmed. State v. Burgess, 393 S.C. 396, 712 S.E.2d 1 (Ct. App. 2011). Following the denial of his petition for rehearing, Burgess petitioned this Court for a writ of certiorari to review the decision. We granted the petition to analyze whether: (1) the multi-jurisdictional drug-enforcement agreement, which formed the purported basis of the arresting officer's authority to arrest Burgess outside of the officer's territorial jurisdiction, satisfied the statutory prerequisites to constitute a valid agreement; and (2) Burgess should have been permitted to cross-examine the arresting officer with his personnel records pursuant to Rule 608(c) of the South Carolina Rules of ...


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