When does self-defense apply under South Carolina law? I bet you think that if someone attacks you you have the right to defend yourself, and it’s that simple. That makes sense, and most people would agree… But did you know that SC’s self-defense law only applies when...
Appellate Opinions
Can You Appeal a Conviction Twice?
You can appeal a conviction twice – if you have been convicted, successful on appeal, retried, and convicted again, you can file a second appeal based on errors made in the second trial or you can file a PCR action based on mistakes made by the trial lawyer. You can...
What is an “Allen Charge?”
In State v. Rampey, decided on October 5, 2022, the SC Supreme Court reversed a CSC with a minor conviction, finding that the Allen charge given by the court at Rampey’s trial was unconstitutionally coercive. What the heck is an “Allen charge?” It doesn’t come up...
Does Auto Insurance Pay for Drive-By Shootings?
In Progressive Direct v. Groves, decided September 21, 2022, the SC Supreme Court (again) held that auto insurance does not pay for drive-by shootings or other gunshot injuries suffered while a person is in their automobile. Although the Court has allowed insurance...
PCR: Darlington County Convictions Reversed Where Trial Counsel Failed to Move to Sever Unrelated Charges
In Tyler v. State, decided on June 22, 2022, the SC Supreme Court reversed convictions for criminal solicitation of a minor, contributing to the delinquency of a minor, and disseminating harmful material to a minor, based on trial counsel’s ineffective assistance in...
Vega v. Tekoh: The Death of Miranda?
Is the US Supreme Court’s opinion in Vega v. Tekoh “the death of Miranda?” No… It is not the death of Miranda, although it could be an ominous sign of what the Court is planning in future appellate opinions. Tekoh does not “do away with” Miranda rights, and the result...
Will Your DUI be Dismissed in SC if the Officer Doesn’t Read Miranda Rights on the Video?
How do you get your DUI charges dismissed without a trial in SC? Most of our clients who are charged with DUI do not come to us for a guilty plea. They want to keep their record clean, they want their DUI dismissed, and they don’t want to plead guilty or go to trial…...
Voluntary Manslaughter: When Should Murder be Reduced to Manslaughter?
Voluntary manslaughter must be provided as an option to a jury when there is any evidence of 1) sufficient legal provocation and 2) heat of passion. A murder conviction was reversed in State v. Payne where the trial court refused to give a voluntary manslaughter jury instruction.
State v. Williams: Attempted Murder Conviction Reversed
Attempted murder conviction reversed – in State v. Williams, the SC Court of Appeals reversed an attempted murder conviction because there was no evidence of the specific intent to murder presented at trial and therefore the doctrine of transferred intent does not apply.
What is Constructive Possession?
Constructive possession requires proof of 1) the power to control the disposition or use of the drugs, and 2) the intent to control the disposition or use of the drugs. The trial court cannot instruct the jury that there is an inference of knowledge and possession when drugs are found on premises controlled by the defendant.
