LEGAL BLOG

Everyday Evidence

6th vs. 5th: Rights of Defendants and Co-Defendants

In a recent S.C. Court of Appeals opinion, the court had to analyze the Sixth Amendment rights of a defendant vs. the Fifth Amendment...

A Defendant's Case and Their Rights

SC CoA: "the doctrine of transferred intent inapplicable to this charge of attempted murder."

A couple of years ago, I wrote a blog piece on Attempted Murder and Transferred Intent. The Supreme Court did not directly answer...

Constructive Possession of Drugs: Jury Charge vs. Directed Verdict

In a recent South Carolina Supreme Court case, State v. Stewart, the Court clarified the proper jury instructions for a drug charge based...

Tort of False Arrest (False Imprisonment)

We emphasize that a person proximately harmed by being arrested on a facially valid warrant that transpires to lack probable cause may...

Traffic Stops, Custody, and Miranda

In a recent S.C. Court of Appeals case, State v. Barksdale, the Court examined the issue of traffic stops, custody, and Miranda. In this...

Defendant restrained in front of jury

State v. Heyward

Duplicitous Indictments

State v. Samuels

Sufficiency of an Indictment

State v. Samuels

Verdict Unanimity: is a fact an element or a means?

State v. Adams

Using an Alias on an Indictment (and other "surplusage" on an indictment)

State v. Heyward

Police Interviews and Hearsay

In many criminal trials, a defendant speaks with law enforcement, and that conversation is recorded. And often the State wishes to...

Facially Valid Warrant Requirements

Carter v. Bryant

Closing Arguments Standard

State v. Gibbs