SC Supreme Court Watch: New Information on Implementing State v. Langford
August 22nd, 2013
On Thursday, August 22, 2013, South Carolina Supreme Court Chief Justice Jean Toal made her annual presentation to the 2013 Judicial Conference. In her presentation, the Chief Justice announced, “The [Supreme] Court is examining a system for di…
Read More
Read More
SC Supreme Court Watch: New Circumstantial Evidence Jury Instruction
August 14th, 2013
On August 14, 2013, in State v. Logan, S.C. Supreme Court Opinion Number 27296, our Supreme Court adopted the following circumstantial evidence jury instruction: There are two types of evidence which are generally presented during a trial—direct ev…
Read More
Read More
Categories: Blog
SC Supreme Court Watch: The “Protection of Persons and Property Act”
August 12th, 2013
In 2006, the General Assembly enacted the “Protection of Persons and Property Act” (SC Code Sections 16-11-410 to 450) “to codify the common law Castle Doctrine which recognizes that a person’s home is his castle and to extend the doctrin…
Read More
Read More
Defining “Serious Bodily Injury” as an Element of Criminal Domestic Violence of a High and Aggravated Nature
July 25th, 2013
Criminal domestic violence of a high and aggravated nature (CDVHAN) is “(1) an assault and battery which involves the use of a deadly weapon or results in serious bodily injury to the victim; or (2) an assault, with or without an accompanying batte…
Read More
Read More
Update: Satellite Monitoring of Sex Offenders Requires Judicial Review -- Amended Opinion Issued in State v Dykes
July 24th, 2013
A prior blog post, “Satellite Monitoring of Sex Offenders Requires Judicial Review,” discussed the South Carolina Supreme Court’s opinion in State v. Dykes. On July 24, 2013, our Supreme Court denied rehearing in Dykes and issued a…
Read More
Read More
Categories: Blog
SC Supreme Court Watch: Charles Grose Quoted in SC Lawyers Weekly Article Regarding Implementation of State v. Langford
July 22nd, 2013
On July 12, 2013, South Carolina Lawyers Weekly published an article by Phillip Bantz entitled “Defense Bar Stunned to Find Docket-Control Committee Already at Work.” Charles Grose was interviewed and quoted in the article: E. Charles Gro…
Read More
Read More
Categories: Blog
SC Supreme Court Watch: More News Regarding the Implementation of State v. Langford
July 21st, 2013
There are new developments in the state constitutional crisis surrounding the implementation of State v. Langford, the landmark case that ended Solicitor Docket Control in South Carolina. On July 20, 2013, the Orangeburg Times & Democrat publishe…
Read More
Read More
Prosecution of Courtesy Summons in Magistrate and Municipal Courts
July 20th, 2013
In 2002, our General Assembly adopted South Carolina Code Section 22-5-115 “to provide that a magistrate [or municipal court judge] may issue a notice for trial based upon the sworn statement of an affiant who is not a law enforcement officer but m…
Read More
Read More
Categories: Blog
Special Concerns Involving Juvenile Sex Offender Registration
July 12th, 2013
Special concerns involving juvenile sex offender registration include (A) the procedural safeguards offered a juvenile prior to adjudication and (B) imposing a lifetime registration requirement despite the extraordinary capacity of juveniles for reha…
Read More
Read More
South Carolina’s Sex Offender Registry has turned into Punishment
July 12th, 2013
According to the Supreme Court of the United States, the authority of the state to require sex offender registration flows from a conviction. Connecticut Dep’t of Pub. Safety v. Doe, 538 U.S. 84 (2003) (“the law’s requirements turn on a…
Read More
Read More