» Directed Verdict
Another Good Circumstantial Evidence Case
May 31st, 2014
On May 28, 2014, the South Carolina Court of Appeals decided State v. Bennett, holding that the trial judge should have directed a verdict of not guilty because the prosecution failed to present substantial circumstantial evidence that would allow th…
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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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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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Homicide by Child Abuse: Reconciling Recent Court Opinions
February 12th, 2014
On December 11, 2013, the South Carolina Supreme Court decided State v. Hepburn, holding “the State did not present substantial circumstantial evidence sufficient to warrant the denial of [Ashley Hepburn’s] mid-trial directed verdict motion.” T…
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Supreme Court Watch: 2013 Year in Review
January 2nd, 2014
2013 was a major year in criminal law for the South Carolina Supreme Court. Interviews in Child Sexual Abuse Cases – In January 2013, our Supreme Court decided State v. Kromah, hopefully putting to rest prosecution attempts to improperly bolster ch…
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Categories: Blog
Tags: Assault & Battery, Castle Doctrine, Child Abuse, Circumstantial Evidence, Criminal Sexual Conduct, Death Penalty, Directed Verdict, ex post facto, General Sessions Docket Management, Homicide, Jury Instructions, Lewd Act, Murder, Post Conviction Relief (PCR), Protection of Persons and Property Act, Satellite Monitoring, SC Association of Criminal Defense Lawyers, SC Public Defender Association, SC Supreme Court Watch, State v. Langford, Waiver Doctrine, Year in Review
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…
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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