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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
Juvenile Life without Parole Sentences Unconstitutional
November 12th, 2014
On November 12, 2014, the South Carolina Supreme Court decided Aiken et. al. v. Byars, holding life without parole sentences for crimes committed by juveniles are unconstitutional, unless the sentencing court convened a sentencing hearing and conside…
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Categories: Notable Cases
State Procedures for Determining Intellectual Disabilities in Death Penalty Cases Must Follow Established Medical Practice
June 3rd, 2014
In 2002, the Supreme Court of the United States decided Atkins v. Virginia, 536 U.S. 304, (2002), holding it violates the Eighth Amendment to execute a person with intellectual disabilities, also know as mental retardation. Last week, the Supreme Cou…
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Categories: Blog
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
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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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of South Carolina’s Self-Defense Jury Instruction” and explained why “South Carolina’s Self-Defense Jury Instruction is Obsolete and Inadequate.”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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History of South Carolina’s Self-Defense Jury Instruction
March 3rd, 2014
Formally in South Carolina, self-defense was an affirmative defense an accused was required to prove by preponderance of the evidence. E.g. State v. Finley, 277 S.C. 548, 290 S.E.2d 808 (1982) and State v. Bolton, 266 S.C. 444, 223 S.E.2d 863 (1976).…
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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
Enforcing Guilty Plea Agreements
February 24th, 2014
On February 5, 2014, the South Carolina Court of Appeals decided Smith v. State, holding that trial counsel was ineffective for not objecting when the prosecutor failed to honor the plea agreement. Smith, originally charged with murder, pleaded guilt…
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Categories: Blog