Due Process Required Before Department of Corrections Can Change Interpretation of Sentence
May 29th, 2014
On May 28, 2014, the South Carolina Supreme Court decided Tant v. S.C. Department of Corrections. While recognizing a duty and responsibility for the Department of Corrections to correct errors in its records, our Court recognized “the reality that…
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Categories: Blog
S.C. Court of Appeals Decision Erodes the “Protections of Persons and Property Act”
May 8th, 2014
State v. Manning, decided on May 7, 2014 by the Court of Appeals, erodes the protections of our state’s “Protection of Persons and Property Act,” S.C. Code Ann. §16-11-410, et. seq., which is also known as the “Castle Doctrine.” Th…
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Categories: Blog
DUI Field Sobriety Tests Must Be Videotaped
May 2nd, 2014
On April 23, 2014, the South Carolina Court of Appeals decided State v. Gordon. The Court held: Because the purpose of the videotaping is to create direct evidence of the arrest, if the actual tests cannot be seen on the recording, the requirement is…
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Categories: Blog
To Obtain a Search Warrant, Law Enforcement Must Provide Judge Information About the Informant’s Credibility
May 1st, 2014
On April 23, 2014, the Court of Appeals decided State v. Robinson, holding that law enforcement did not provide the judge information about the informant’s credibility that is necessary to support the issuance of a search warrant. Robinson is signi…
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Categories: Blog
Failure to Instruct Jurors about Involuntary Manslaughter Requires New Trial
April 29th, 2014
On April 23, 2014, the South Carolina Court of Appeals decided State v. Battle and ordered a new trial for a man convicted of murder because the trial judge did not instruct the jurors about involuntary manslaughter. Battle testified that the deceden…
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Categories: Blog
Controversy Over Child Sexual Abuse Interviews Continues
April 27th, 2014
On April 9, 2014, the South Carolina Court of Appeals decided State v. Portillo. Although the Court of Appeals found two types of error, the Court concluded that error was not reversible error in this case. The Court relied on our Supreme Court’s o…
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Categories: Blog
Open Letter to Politicians Attacking Criminal Defense Lawyers
April 21st, 2014
The Republican Governor’s Association has launched an attack ad against South Carolina Democratic Party candidate for Governor, state Senator Vincent Sheheen. The ad can be viewed by clicking the link to this news story. Not only is this political…
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Categories: Blog
Who Decides Whether the Jurors Consider the Lesser-Included Offenses: Trial Judge or Defendant?
March 29th, 2014
On March 19, 2014, the South Carolina Court of Appeals decided Abney v. State, holding trial counsel employed a legitimate trial strategy by not requesting the trial court judge instruct the jurors about the lesser-included offense. The all-or-nothin…
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Recommending New Self-Defense Jury Instructions in South Carolina
March 17th, 2014
Previous blog posts have reviewed the “History of South Carolina’s Self-Defense Jury Instruction” and explained why “South Carolina’s Self-Defense Jury Instruction is Obsolete and Inadequate.” This post recommends…
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Categories: Blog
Self-Defense: Directed Verdict Standard vs. Prosecution's Burden of Proof
March 15th, 2014
On March 12, 2014, the South Carolina Supreme Court decided State v. Butler, which presented the issue of “whether the trial court erred in refusing to apply a standard requiring the state to disprove self-defense beyond a reasonable doubt at t…
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