» Post Conviction Relief (PCR)
South Carolina Supreme Court revisits "good character alone" jury instruction
August 14th, 2019
On August 7, 2019, in Pantovich v. State, the South Carolina Supreme Court revisited our state’s “good character alone” instruction which required trial judges to instruct jurors: Good character evidence alone may create a reasonabl…
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Categories: Blog
South Carolina Supreme Court grants post-conviction relief in murder case
August 12th, 2019
On August 7, 2019, the South Carolina Supreme Court vacated a murder conviction, granted post-conviction relief (“PCR”), and ordered a new trial in State v. Felder. Felder’s trial counsel did not object when the prosecution introduc…
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Categories: Blog
Mangal v. State - What are the Takeaways?
December 11th, 2017
In Mangal v. State, our Supreme Court allowed a conviction for first-degree criminal sexual conduct (CSC) with a minor to stand in the face of a disturbing combination of ineffective assistance of trial and post-conviction relief (PCR) counsel. Manga…
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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
Lawyers Must Communicate Guilty Plea Offers to Clients
November 5th, 2014
On November 5, 2014, the South Carolina Court of Appeals decided Bell v. State (Opinion No. 5277), holding that Bell’s lawyer was ineffective for not telling him about a guilty plea offer. In his post-conviction relief (PCR) hearing, Bell testified…
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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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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
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
Taylor v. State: Tread Carefully When Facing Charges in Multiple Counties
June 24th, 2013
On June 19, 2013, the South Carolina Supreme decided the Post Conviction Relief (PCR) case of Taylor v. State and, in the process, approved a life without parole (LWOP) sentence for a man who would have been better served to resolve all of his charge…
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