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🚫Jury Charge: Deadly Weapon=Malice Inference🚫

The S.C. Supreme Court just held that courts may no longer instruct the jury " that malice may be inferred from the use of a deadly weapon."




However, the court also held that this does not necessarily mean that both the state and the defense cannot argue to the jury this inference (or lack thereof). They also held that courts can still use this inference in separate hearings (i.e., motion for directed verdict).



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The defendant has a fundamental right to testify or not testify. · State v. Rivera, 402 S.C. 225 (2013). While the defendant as a right to be present at trial, they do not have a right to be absent