» SC Supreme Court Watch
Confronting Prosecution Strategies in Child Sex Abuse Cases
July 11th, 2015
For decades, the prosecution has utilized a coordinated strategy to investigate and prosecute child sex abuse cases. Expert testimony to explain a child’s inconsistent behavior and statements is central to the prosecution strategy. Utilizing th…
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SC Supreme Court Watch: Update on the “Protection of Persons and Property Act”
February 17th, 2014
A prior SC Supreme Court Watch: The “Protection of Persons and Property Act” pointed out that our Supreme Court heard oral arguments in June 2013 in two cases that could further interpret a citizen’s rights under the statute. Both cases were be…
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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 Information on Implementing State v. Langford
August 22nd, 2013
On Thursday, August 22, 2013, South Carolina Supreme Court Chief Justice Jean Toal made her annual presentation to the 2013 Judicial Conference. In her presentation, the Chief Justice announced, “The [Supreme] Court is examining a system for di…
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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
SC Supreme Court Watch: The “Protection of Persons and Property Act”
August 12th, 2013
In 2006, the General Assembly enacted the “Protection of Persons and Property Act” (SC Code Sections 16-11-410 to 450) “to codify the common law Castle Doctrine which recognizes that a person’s home is his castle and to extend the doctrin…
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SC Supreme Court Watch: Update on Implementation of State v. Langford
July 3rd, 2013
New concerns arose today about the implementation of State v. Langford, the landmark case that ended solicitor docket control in South Carolina. These concerns center around whether the Judiciary’s historical deference to Solicitors will actual…
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Categories: Blog
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