Category: Appellate Opinions

Forensic Interviewers Cannot Testify as to a Child’s Truthfulness

In State v. Briggs, a post-conviction relief (PCR) appeal that was published yesterday, the S.C. Supreme Court reversed a defendant’s convictions for criminal sexual conduct (CSC) with a minor and lewd act on a minor based on his attorney’s failure to object when the state’s forensic interviewer improperly bolstered the credibility of the child witness. [..]

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Horry County Murder Conviction Affirmed

Last week, the South Carolina Supreme Court upheld an Horry County murder conviction based on accomplice liability or “the hand of one is the hand of all.” Although Kareem Harry did not pull the trigger, he was nevertheless convicted as an accomplice because, according to the facts as viewed in the light most favorable to [..]

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S.C.’s CDV Statute Held Unconstitutional (Updated)

In a decision released today, the South Carolina Supreme Court struck a portion of S.C.’s criminal domestic violence statute as unconstitutional because it discriminates against same sex couples. Who is Protected by the Domestic Violence Laws? South Carolina’s domestic violence laws are found in S.C. Code § 16-25-10, which provides criminal penalties for domestic violence, [..]

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Cross Examination Using Mental Health Records

Does the defense have the right to cross-examine a state’s witness with their mental health records? It depends. In State v. Blackwell, a death penalty appeal decided by the South Carolina Supreme Court last week, the Court directly addressed this issue for the first time. The Court’s opinion contained a misplaced emphasis on statutory protections [..]

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