State v. Batchelor

THE STATE OF SOUTH CAROLINA
In The Supreme Court

The State, Respondent,

v.

Michael R. Batchelor, Appellant.

Appeal from Aiken County
Doyet A. Early, III, Circuit Court Judge

Opinion No. 26455
Heard January 22, 2008 €“ Refiled April 21, 2008   

Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, Jr., of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for respondent.

JUSTICE MOORE:  Appellant Michael Batchelor was convicted of several charges stemming from an automobile collision in which his three minor sons were killed and three other minors were injured.  The charges include two counts of felony driving under the influence (felony DUI) causing death, two counts of felony DUI causing great bodily injury, and one count of involuntary manslaughter.[1]  After we issued our original opinion affirming appellant€™s convictions,[2] appellant petitioned for rehearing.  We deny the petition for rehearing, withdraw our original opinion in this matter, and substitute it with this opinion affirming the trial court€™s decision.

FACTS

The facts are undisputed.  Appellant€™s three sons€”Raymond Groomes (referred to as €œAshton€