Independent Mental Evaluations of Children Alleging Sexual Abuse
July 11th, 2013
Defense counsel should consider requesting an independent mental evaluation of a child alleging sexual abuse in two circumstances. The first is when the prosecution might seek to introduce through the counselor opinion evidence about rape trauma. For…
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Finally Finishing Forensic Interviews? No, but Why and What Comes Next?
July 11th, 2013
“Forensic interviewers might be useful as a tool to aid law enforcement officers in their initial investigative process, but this does not make their work appropriate for use in the courtroom.” State v. Kromah, 401 S.C. 340, 357 (fn. 5), 737 S.E.…
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SC Supreme Court Watch: Update on Implementation of State v. Langford
July 3rd, 2013
New concerns arose today about the implementation of State v. Langford, the landmark case that ended solicitor docket control in South Carolina. These concerns center around whether the Judiciary’s historical deference to Solicitors will actual…
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Categories: Blog
Tolling Probation Limited to Violation of Probation Condition or Statutory Directive
June 26th, 2013
On June 19, 2013, in State v. Miller, the South Carolina Supreme Court held that probation is not tolled while a person is involuntarily committed as a Sexually Violent Predator (SVP). In a unanimous opinion authored by Justice Donald Beatty, the Cou…
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Categories: Blog
Taylor v. State: Tread Carefully When Facing Charges in Multiple Counties
June 24th, 2013
On June 19, 2013, the South Carolina Supreme decided the Post Conviction Relief (PCR) case of Taylor v. State and, in the process, approved a life without parole (LWOP) sentence for a man who would have been better served to resolve all of his charge…
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Informants in Drug Cases Part Two: Hand-to-Hand Transactions Participants & Witnesses
June 21st, 2013
A reoccurring question is whether a person charged in a drug case has the right to know the identity of the informant used by the police to make the case. The answer turns, in part, on whether the informant is a “mere tipster” or actually partici…
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Categories: Blog
Informants in Drug Cases Part One: “Mere Tipsters”
June 19th, 2013
A reoccurring question is whether a person charged in a drug case has the right to know the identity of the informant used by the police to make the case. The answer turns, in part, on whether the informant is a “mere tipster” or actually partici…
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Categories: Blog
SC Supreme Court Watch: Circumstantial Evidence Jury Instruction
June 17th, 2013
Traditionally, trial court judges followed State v. Edwards, 298 S.C. 272, 379 S.E.2d 888 (1989) when explaining circumstantial evidence to jurors. In addition to requiring the State to prove every circumstance beyond a reasonable doubt, Edwards requ…
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Categories: Blog
United States Supreme Court Authorizes Collection of DNA Sample Following Arrest for Serious Offense
June 14th, 2013
In Maryland v. King, a sharply divided five-to-four opinion decided on June 3, 2013, the United States Supreme Court held: When Officers make an arrest supported by probable cause to hold for a serious offense and they bring the suspect to the statio…
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Categories: Blog
Constitutional Crisis: General Sessions Court Docket Management
June 12th, 2013
In State v. Langford, decided on November 21, 2012, the South Carolina Supreme Court recognized control of the docket to be a “matter of significant public interest.” The Court “agree[d] with the Public Defender Association,” appearing as ami…
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