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Myrtle Beach, SC 29577
Category Archives: Appellate Opinions
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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…
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When Does Self-Defense Apply in SC?
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…
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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…
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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…
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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 coverage for gunshot…
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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 failing to move…
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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”…
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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…
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Voluntary manslaughter: when should murder be reduced to manslaughter?
When someone is on trial for murder, their charges could be reduced to voluntary manslaughter by the jury – but only if the trial court gives them a jury instruction on manslaughter and includes voluntary manslaughter as an option on the verdict form. The court…
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State v. williams: attempted murder conviction reversed
In State v. Williams, decided July 14, 2021, the SC Court of Appeals reversed convictions for attempted murder and possession of a weapon during the commission of a violent crime because: 1) There was no evidence presented at trial proving the specific intent required for…
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