Category Archives: Appellate Opinions
State v. Jeroid Price – Can an Inmate Get a Super-Secret Sentence Reduction Without a Hearing in South Carolina?
Earlier this year, Jeroid Price was in the news because, according to media reports, he had been released from his incarceration for murder in a secret backroom deal between a defense attorney and Columbia, SC, Fifth Judicial Circuit Solicitor Byron E. Gipson. No hearing, no…
When is a Change in Circumstances Enough for Custody Modification in SC?
In Fossett v. Fossett, decided yesterday, the SC Court of Appeals reviews when a change in circumstances is sufficient for a custody modification, finding that 1) the child’s custodial preference, in this case, was counterbalanced by the father’s manipulative behavior towards the child and 2)…
Washington v. State: Kidnapping, Armed Robbery Conviction Reversed for Improper Closing Argument by Prosecutor
In Washington v. State, the SC Court of Appeals reversed convictions for kidnapping, armed robbery, and possession of a weapon during the commission of a violent crime based on the prosecutor's improper closing argument. “Who among us is safe?” When a prosecutor is permitted to…
When the Insurance Company Lies: Collateral Estoppel and SC Workers’ Compensation Law
When the insurance company lies and denies workers’ compensation coverage, sometimes the legal doctrine of collateral estoppel can be used to “keep them honest” and force them to pay. When an insurance company says to a business, “You have coverage,” and the business relies on…
Can You File a PCR if You Represented Yourself at Trial?
In Lewis v. State, the SC Supreme Court answers the question, “Can you file a PCR if you represented yourself at trial?” As with most legal questions, the answer is, “Maybe, it depends…” One thing is certain, however. No one should ever represent themselves in…
Criminal Appeal or Post-Conviction Relief (PCR) – What’s the Difference?
What’s the difference between a criminal appeal and a PCR (post-conviction relief) action? If you have been convicted after a criminal trial – especially if you have just been sentenced to prison time after a conviction, the crushing sense of hopelessness and despair you are…
State v. Middleton: “Consciousness of Guilt” Rule Applies to More than Evidence of Flight
When is evidence of flight or evidence of "consciousness of guilt" admissible? In State v. Middleton, the SC Supreme Court reversed a conviction for CSC third-degree (rape) in Charleston County. At trial, the court permitted a detective to testify that Middleton’s reluctance to subject himself…
Workers’ Compensation Deadlines in South Carolina
What are the workers’ compensation deadlines in SC and what happens if you miss one? One of the pitfalls for individuals filing a workers’ compensation claim is the strict deadlines for filing documents at each stage of the case – missing a deadline can and…
When Does Double Jeopardy Apply?
When does double jeopardy apply in a criminal case in South Carolina? Double jeopardy bars a second prosecution if you’ve been acquitted or convicted of a criminal charge and the state tries to charge you with the exact same crime based on the same facts…
When is Gang Evidence Admissible in a Criminal Trial?
When is gang evidence admissible in a criminal trial in SC? Prosecutors will always attempt to connect a defendant to gang activity, often resorting to inadmissible testimony like “I heard it on the streets,” and calling “expert” witnesses who are really just cops or jail…