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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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Axelrod & Associates, P.A.
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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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sc judge finds that execution by firing squad and execution by electric chair are unconstitutional

A SC judge has ruled that execution by firing squad and execution by electrocution violate the SC Constitution, effectively halting executions in SC (until the SC Supreme Court overturns the ruling, which will almost certainly happen). Below, we will discuss why the death penalty in…

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Citizen’s Arrest Laws: How to Commit Legal Murder in SC

It is long past time for the SC legislature to repeal SC’s citizen’s arrest laws and replace them with an updated, modern version that makes sense. Our citizen’s arrest laws: Are vague, allowing an arrest – without the involvement of law enforcement – based on…

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Axelrod & Associates, P.A.
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Stand your ground: self defense law in sc

What are the self defense laws in SC, and how does SC’s Stand Your Ground law work? In a general, most people understand that you have the right to defend yourself, and many people have heard that SC’s stand your ground law means that you…

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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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Mandatory minimum sentences for drug offenses in sc

SC’s prisons are filled with drug offenders, thanks to SC’s draconian mandatory minimum sentences and lengthy prison sentences for drug crimes. Without making any distinction between hardened criminals, true drug traffickers, or someone who was just in a home or in a car with a…

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