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Myrtle Beach Legal Blog

What is Hearsay? Why an Officer's Statements During Interrogation are Inadmissible

In State v. Washington, the SC Court of Appeals reversed a burglary first-degree conviction because the trial court allowed the prosecutor to play audio of an interrogation - including hearsay statements made by the investigator.

What is hearsay, and why aren't an officer's statements during an interrogation admissible? If you are in trial and the prosecution attempts to play an officer's hearsay statements for the jury, how do you preserve the record for appeal?

More importantly - why do we even have this appellate opinion in 2020, when the exact same issue was decided in 2015?

What is a Simple Will?

Everyone knows that a "will" is the document that says who gets your property after your death - but what is a "simple will?"

"Simple will" is not a legal term - it's just a way of saying that you do not have a complex estate, there are no tax issues that you need to resolve in the will, there are no trusts that need to be created to accomplish your goals, and there are no legal issues like how to protect a disabled child or family member's assets after your death.

When is a simple will enough to accomplish your goals, and when do you need a "complex will?"

What is Music Law?

What is "music law?"

If you are a musician, you probably want to get paying gigs, record your music, and make a profit from your performances and recordings. What you may not have considered is that every step of the process involves other people or companies who also want to make as much money as they can, and often at your expense...

Although there are plenty of business law attorneys and there are some entertainment lawyers in SC, you may need an attorney who can help you to navigate issues that are specific to the music industry.

When do you need to consult with an entertainment lawyer, and how can they help?

Can I Make My Spouse Pay Attorney Fees in a SC Divorce?

Will the court order your spouse to pay your attorney fees in a SC divorce or other family court case? What if the divorce was their fault?

In some cases, the family court can order payment of attorney fees, but it is not automatic - you must ask for it. There are factors that the court must consider, first to determine whether you should be awarded attorney fees, and then to determine how much of the attorney fees the court will order your spouse to pay.

Below, we will take a look at what SC law says about when the court can make your spouse pay your attorney fees - and - how the court decides whether your spouse should pay all or part of your attorney fees.

When are Injuries Not Covered by Workers' Compensation in SC?

Are there situations where an on-the-job injury is not covered by workers' compensation in SC?

You may think that if you are injured on the job you are automatically covered by workers' compensation insurance, but there are many situations where your injury will not be covered.

For example, non-employees are not covered, some types of employers are exempt and are not required to carry workers' compensation insurance, and injuries that were not sustained "in the course of employment" are not covered.

Some of these situations are fact-specific and you should always consult your workers' compensation attorney before concluding that you are or are not covered by workers' compensation.

What is "Hand of One is the Hand of All?"

What does "hand of one is the hand of all" mean?

It's a concept that is often misunderstood, sometimes even by attorneys and judges. It's a dangerous concept that can result in a person being convicted of a serious crime when they - technically - didn't commit the crime themselves...

Below, we will discuss what "hand of one is the hand of all" means under SC law, what it does not mean, and a recent SC Supreme Court opinion where a voluntary manslaughter conviction was overturned because the trial court got it wrong.

Post-Traumatic Stress Disorder (PTSD) Caused by an Auto Accident

Many people think of post-traumatic stress disorder (PTSD) as something that combat veterans experience. However, you don't have to be a combat veteran to suffer from PTSD. Did you know that PTSD can be caused by an auto accident or any other traumatic or violent event experienced by a person?

If another person's negligence caused a violent car crash that resulted in a diagnosis of PTSD, that is a compensable injury that must be included in any fair settlement or jury verdict.

What are the symptoms of PTSD caused by an auto accident, what are the risk factors for PTSD, and how can you prove your damages if you are suffering from PTSD because of an auto accident?

Can the Court Set Aside a Divorce Decree on Grounds of Fraud?

Can you get the family court to set aside a divorce decree on grounds of fraud?

What if your spouse sends the divorce complaint to the wrong address and then serves the complaint "by publication" using your maiden name instead of your married name, so your spouse can avoid questions about his second, bigamous marriage and so he can avoid dividing the marital property with you?

Those were the allegations in Sanders v. Smith, decided August 26, 2020, where the Court of Appeals found 1) that there was sufficient evidence to support the family court's denial of the Wife's request to set aside the divorce decree, but 2) the Husband committed fraud on the court by alleging in his complaint that the parties had already divided their property, and so the Wife should be permitted to ask for equitable division of the marital property.

What Happens During a Workers' Compensation Hearing in SC?

If your workers' compensation claim is denied, your next step is to request a workers' compensation hearing in front of a commissioner.

A workers' compensation hearing is like a trial, except the issues may be limited, there may be fewer witnesses, and you do not have the right to a jury as you would in an auto accident or criminal trial.

Below, we will discuss the procedure for a workers' compensation hearing in SC, what typically happens during the hearing, how to prepare for the hearing, and what to expect after your hearing.

How Can I Get Removed from the Sex Offender Registry in SC?

Once you're on it, it can be extremely difficult for most people to get removed from the sex offender registry in SC.

Once you have a conviction that requires registration, there are very few ways that you can get removed from the sex offender registry. They include 1) getting your conviction reversed on appeal, 2) receiving a pardon that is based on a finding of not guilty, or 3) a dismissal or acquittal after getting a new trial in a PCR action.

Below, we will discuss some common questions about SC's sex offender registry, including whether an expungement allows you to be removed from the sex offender registry, the three statutory grounds for removal from the registry, and what types of convictions require sex offender registry in SC.

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