November 6, 2013 South Carolina Court of Appeals published opinion

State v Page

The circuit court denied Page’s motion to join his kidnaping and rape trial with a codefendant’s trial and refused to allow a witness with exculpatory evidence to testify on relevance grounds. Page was convicted of several crimes and sentenced to 30 years imprisonment. The panel reversed and remanded for a new trial. The panel held that the circuit court made a reasoned individualized consideration of the relevant factors and did not err in denying joinder of the trials. The panel reversed, however, because the exculpatory evidence was relevant to the credibility of one of the victims and, if believed, provide a basis for a defense of consent. As the denial of the right to call the witness is presumed prejudicial, the case was remanded for a new trial.

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