» SC Supreme Court Watch
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
Continued Confusion About Attempted Murder
June 17th, 2019
In State v. Williams, decided on June 12, 2019, the South Carolina Supreme Court recognized continued confusion surrounding the prosecutions burden of proof in attempted murder cases. Although attempted murder is a specific intent crime, the trial ju…
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Categories: Blog
Prosecution must make showing before evidence of attempted suicide can be used as evidence of guilt
September 30th, 2018
On September 26, 2018, in State v. Cartwright, the South Carolina Suprme Court held evidence of a suicide attempt can be admitted as evidence of guilty, “provided that the State establishes a clear and unmistakable nexus linking the suicide att…
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Categories: Blog
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Right to confront and cross-examine a witness includes right to question witness about U-visa
June 10th, 2018
On June 6, 2018, in State v. Perez, the South Carolina Court Supreme Court held Mr. Perez was prejudiced by the trial court not allowing him to cross-examine a witness about seeking a U-visa. The Court explained, “A U-visa allows victims of cer…
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Categories: Blog
South Carolina Supreme Court passes on opportunity to reconsider its holding in State v. Wallace.
June 7th, 2018
On June 6, 2018, in State v. Perez, the South Carolina Supreme Court reversed a conviction based on a Sixth Amendment Confrontation Clause violation because the trial court did not allow Mr. Perez to cross-examine one of the prosecution’s criti…
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Categories: Blog
South Carolina Supreme Court provides guidance in allaying the prejudice prong in post-conviction relief cases
February 12th, 2018
On February 8, 2018, the South Carolina Supreme Court decided Smalls v. State, which provides important guidance in how to analyze the prejudice prong in post-conviction relief ) “PCR” cases. Initially, the Supreme Court clarified its sta…
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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
Confrontation Clause vs. Witness' Privacy
November 27th, 2017
In State v. Blackwell, 420 S.C. 127, 801 S.E.2d 713 (2017), the South Carolina Supreme Court addressed what the Court termed “the novel question of whether a criminal defendant’s constitutional right to confront a witness trumps a witness…
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Categories: Blog
Trial Procedures for Videotaped Child Interviews
November 24th, 2017
In State v. Anderson, 413 S.C. 212, 776 S.E.2d 76 (2015), the South Carolina Supreme Court settled on procedures for admitting, during jury trials, the videotaped child interview conducted as part of the investigation into child sex abuse allegations…
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Categories: Blog