State v. Eric E. English

Syllabus

We affirm as modified in part and vacate in part the court of appeals' decision in State v. English, 436 S.C. 338, 872 S.E.2d 191 (Ct. App. 2022). We overrule State v. James, 255 S.C. 365, 179 S.E.2d 41 (1971) because it has been abrogated by modern jurisprudence interpreting the Sixth Amendment's Confrontation Clause. Applying modern precedent, we hold Eric English's and Jamie Stroman's STD test reports were nontestimonial and, therefore, did not violate English's Sixth Amendment right of confrontation. We vacate the portion of the court of appeals' decision holding that the test reports were admissible as business records under Rule 803(6), SCRE because that issue was unpreserved for appellate review.