» Assault & Battery
South Carolina Supreme Court rules trial judges should never instruct jurors they can infer malice from the use of a deadly weapon
August 10th, 2019
The landmark case of State v. Belcher held trial judges should not instruct jurors they can infer malice from the use of a deadly weapon when there is evidence that would negate or mitigate the charge of murder. Belcher, however, left open the possib…
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Categories: Blog
Continued Confusion About Attempted Murder
June 17th, 2019
In State v. Williams, decided on June 12, 2019, the South Carolina Supreme Court recognized continued confusion surrounding the prosecutions burden of proof in attempted murder cases. Although attempted murder is a specific intent crime, the trial ju…
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Categories: Blog
It Should Be Hard for the Prosecution to Convict Someone of Attempted Murder
December 4th, 2017
In State v. King, our Supreme Court rejected prosecutors’ contention that attempted murder is a general intent, rather than a specific intent crime. This holding, predictably, resulted from our Court’s review of its precedent and the legi…
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Categories: Blog
Confronting Prosecution Strategies in Child Sex Abuse Cases
July 11th, 2015
For decades, the prosecution has utilized a coordinated strategy to investigate and prosecute child sex abuse cases. Expert testimony to explain a child’s inconsistent behavior and statements is central to the prosecution strategy. Utilizing th…
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Preview: 2015 Blues, BBQ, & Bar CLE Presenataion
July 5th, 2015
The South Carolina Association of Criminal Defense Lawyers have invited Charles Grose and Chelsea McNeill to speak at the 2015 Blues, BBQ, and Bar CLE on Friday, July 10, 2015. The prevention, “Defending Child Sex Abuse Cases,” will discu…
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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
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
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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