State v. Dean T. Stevens
CourtCourt of Appeals of South Carolina
Date FiledNovember 12, 2026
Docket2026-UP-475
StatusUnpublished
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Full Opinion
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
The State, Respondent,
v.
Dean Troy Stevens, Appellant.
Appellate Case No. 2024-000648
Appeal From Bamberg County
Courtney Clyburn Pope, Circuit Court Judge
Unpublished Opinion No. 2026-UP-475
Submitted October 2, 2026 – Filed November 12, 2026
AFFIRMED
Senior Appellate Defender Kathrine Haggard Hudgins, of
Columbia, for Appellant.
Attorney General Alan McCrory Wilson, Deputy
Attorney General Donald J. Zelenka, and Senior
Assistant Deputy Attorney General Melody Jane Brown,
all of Columbia; and Solicitor John William Weeks, of
Aiken, all for Respondent.
PER CURIAM: Dean Troy Stevens appeals his convictions for murder and
possession of a weapon during the commission of a violent crime and concurrent
sentences of forty years' imprisonment for murder and five years' imprisonment for
the weapon charge. On appeal, Stevens argues the trial court erred by admitting
into evidence his statement made to law enforcement. We affirm pursuant to Rule
220(b), SCACR.
We hold the trial court did not err by denying Stevens's motion to suppress his
police statements because they were voluntarily made and were not induced by
promises of leniency. See State v. Moses, 390 S.C. 502, 510-11, 702 S.E.2d 395,
399 (Ct. App. 2010) ("On appeal, the trial [court]'s ruling as to the voluntariness of
the confession will not be disturbed unless so erroneous as to constitute an abuse of
discretion." (quoting State v. Myers, 359 S.C. 40, 47, 596 S.E.2d 488, 492
(2004))); State v. Parker, 381 S.C. 68, 74, 671 S.E.2d 619, 622 (Ct. App. 2008)
("When reviewing a trial court's ruling concerning voluntariness, [an appellate
court] does not reevaluate the facts based on its own view of the preponderance of
the evidence, but simply determines whether the trial court's ruling is supported by
any evidence." (quoting State v. Saltz, 346 S.C. 114, 136, 551 S.E.2d 240, 252
(2001))); State v. Miller, 441 S.C. 106, 119, 893 S.E.2d 306, 313 (2023) ("[T]he
question of voluntariness presents a mixed question of law and fact."); id. ("[An
appellate court] will review the trial court's findings regarding voluntariness for
any evidentiary support. However, the ultimate legal conclusion—whether, based
on those facts, a statement was voluntarily made—is a question of law subject to
de novo review."); State v. Peake, 291 S.C. 138, 139, 352 S.E.2d 487, 488 (1987)
("The test for determining the admissibility of a statement is whether it was
knowingly, intelligently, and voluntarily given under the totality of the
circumstances."); State v. Pittman, 373 S.C. 527, 565, 647 S.E.2d 144, 164 (2007)
("A criminal defendant is deprived of due process if his conviction is founded, in
whole or in part, upon an involuntary confession.").
We hold the South Carolina Law Enforcement Division (SLED) agent's statements
did not constitute coercive police activity. See State v. Miller, 375 S.C. 370, 386,
652 S.E.2d 444, 452 (Ct. App. 2007) ("Coercive police activity is a necessary
predicate to finding a statement is not voluntary."); id. ("Coercion is determined
from the perspective of the suspect."); State v. Rochester, 301 S.C. 196, 200, 391
S.E.2d 244, 246 (1990) (stating a "confession may not be 'extracted by any sort of
threats or violence, [or] obtained by any direct or implied promises, however
slight, [or] obtained by the exertion of improper influence'" (alterations in original)
(quoting Hutto v. Ross, 429 U.S. 28, 30 (1976))); State v. Von Dohlen, 322 S.C.
234, 244, 471 S.E.2d 689, 695 (1996) ("It is generally recognized that the police
may use some psychological tactics in eliciting a statement from a
suspect. . . . These ploys may play a part in the suspect's decision to confess, but
so long as that decision is a product of the suspect's own balancing of competing
considerations, the confession is voluntary." (alteration in original) (quoting Miller
v. Fenton, 796 F.2d 598, 605 (3d Cir. 1986)), overruled on other grounds by State
v. Burdette, 427 S.C. 490, 832 S.E.2d 575 (2019). Viewing the SLED agent's
statements from Stevens's perspective, the statements were a psychological tactic
rather than a promise of leniency. See State v. Arrowood, 375 S.C. 359, 369, 652
S.E.2d 438, 443 (Ct. App. 2007) (concluding the defendant's statements were made
"in the mere 'hope' of leniency based on his cooperation, rather than as the
consequence of promises"); State v. Hillary, 441 S.C. 239, 252, 892 S.E.2d 541,
548 (Ct. App. 2023) (concluding officers did not appear to promise leniency but, at
most, assured the defendant "they would put in the proverbial good word for him—
that they would not 'hang [the defendant] out to f***** dry' when they talked to
prosecutors"); cf. Peake, 291 S.C. at 138-39, 352 S.E.2d at 488 (holding an officer
stating the death penalty would not be sought was a promise of leniency that
induced the defendant to give a statement).
Further, we hold that under the totality of the circumstances, Stevens's statements
were made voluntarily. See State v. Goodwin, 384 S.C. 588, 601, 683 S.E.2d 500,
507 (Ct. App. 2009) ("The test of voluntariness is whether a defendant's will was
overborne by the circumstances surrounding the giving of a confession."); State v.
Collins, 435 S.C. 31, 45, 864 S.E.2d 914, 921 (Ct. App. 2021) (stating factors to
consider in the totality-of-circumstances analysis include "the youth of the accused,
his lack of education or his low intelligence, the lack of any advice to the accused
of his constitutional rights, the length of detention, the repeated and prolonged
nature of the questioning, and the use of physical punishment such as the
deprivation of food or sleep" (quoting Pittman, 373 S.C. at 566, 647 S.E.2d at
164)), aff'd as modified, 442 S.C. 444, 900 S.E.2d 426 (2024); id. at 46, 864 S.E.2d
at 921 (stating other factors to consider are "background, experience, and conduct
of the accused; age; length of custody; police misrepresentations; isolation of a
minor from his or her parent; threats of violence; and promises of leniency"
(quoting Miller, 375 S.C. at 386, 652 S.E.2d at 452)); id. at 43, 864 S.E.2d at 920
("If a defendant was advised of his Miranda rights, but chose to make a statement
anyway, the 'burden is on the State to prove by a preponderance of the evidence
that his rights were voluntarily waived.'" (quoting State v. Childs, 299 S.C. 471,
475, 385 S.E.2d 839, 842 (1989))).
AFFIRMED.1
GEATHERS, HEWITT, and VINSON, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.