» Jury Instructions
Attempted Murder & First-Degree Assault and Battery: Does the Result Intended Matter?
February 27th, 2014
On February 26, 2014, the South Carolina Supreme Court decided State v. Middleton, holding that first-degree assault and battery is a lesser-included offense of attempted murder, even if the victim does not sustain any injuries. The Court pointed out…
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Categories: Blog
Involuntary Manslaughter: Can an Intentional Act be an Unintentional Homicide?
February 20th, 2014
On January 29, 2014, the South Carolina Court of Appeals decided Sullivan v. State, holding, “Because there was no evidence Sullivan fired a gun unintentionally, he was not entitled to a jury charge on involuntary manslaughter.” Sullivan, in a po…
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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
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…
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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