They do now. In July of this year, in Doe v. State, the S.C. Supreme Court struck down a portion of South Carolina’s domestic violence (CDV) laws as facially unconstitutional because they violated the Equal Protection Clause. The legislature amended the definition of “household member” in South Carolina’s domestic violence laws in 1994 to exclude [..]
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. [..]
What happens when the prison staff causes an inmate to miss the statute of limitations in a PCR action? The statute of limitations to file a post-conviction relief (PCR) action is: 1) One year from the date of conviction; 2) One year from the date of the appellate court’s decision in the direct appeal; or [..]
Yes, it is. However, it does not protect hate speech that would tend to immediately incite violence, which is often referred to as the “fighting words exception.” Recent events have many people asking the question, “What exactly is protected by the First Amendment,” and it has become clear that many people do not know the [..]
In State v. Young, the South Carolina Court of Appeals affirmed the defendant’s convictions for murder, kidnapping, burglary, and armed robbery. The Court held that a letter written by a co-defendant that also implicated the defendant was a Bruton violation, it should not have been admitted into evidence, and the court’s mistake was not cured [..]
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 [..]
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, [..]
I can’t tell you how to win your case, but a recent Supreme Court case does provide a lesson on how to lose your client’s case. After a jury has heard the case and found a defendant guilty and then an appellate court has reviewed the trial and found no errors, in most cases, the only [..]
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 [..]
In a disciplinary opinion last November, the S.C. Supreme Court publicly reprimanded a family court lawyer for issuing subpoenas without notice to the other side. In civil cases, including the family court, Rule 45 of the Rules of Civil Procedure require that a party provide notice to the other side when a subpoena is issued, [..]
