» Due Process
Court of Appeals Affirms Grant of New Trial After Prosecutor Failed to Disclose Deal with Testifying Co-Defendant
June 18th, 2019
On May 8, 2018, in State v. Dean, the South Carolina Court of Appeals affirmed the grant of a new trial because the prosecution did not disclose its deal with a testifying co-defendant. The failure to disclose resulted in a denial of due process and…
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Categories: Notable Cases
Court of Appeals Orders Credit for Time Served
June 17th, 2019
On February 13, 2019, in State v. Brown, the South Carolina Court of Appeals held individuals are entitled to credit for time served during pre-trial commitments to a secure mental health facility to restore competency to stand trial. Click this link…
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Categories: Notable Cases
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
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
Right to Counsel and Hearing before Revocation of Probation
March 6th, 2014
On March 5, 2014, the South Carolina Court of Appeals decided State v. Brannon, reminding the bench and bar about the rights that must be protected before the court may revoke probation. “Troubled by the absence of any finding whatsoever in the app…
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Categories: Blog
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