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...
Evidence
What Does Negligence Per Se Mean in an Auto Accident Case?
Negligence per se is when a defendant violates a law or regulation that was intended to protect against the type of harm that was suffered, and a plaintiff does not need to prove negligence when a traffic law was violated in a car wreck case.
Is Failure to Wear a Seatbelt in SC Comparative Negligence or Negligence Per Se?
Failure to wear a seatbelt in SC is not comparative negligence, a failure to mitigate damages, or negligence per se. When the legislature enacted the seatbelt law, they expressly stated that the failure to wear a seatbelt is not admissible in a civil action.
Why You Should Get an Attorney Before Talking to Police: State v. Tillman
Get an attorney before talking to police – if you subject yourself to interviews or make statements to the police before speaking with an attorney, any inconsistent statements you make will be used against you as circumstantial evidence of your guilt.
How Can You Prove an At-Fault Driver was Speeding?
How can you prove an at-fault driver was speeding? Speeding, or other traffic violations, can be evidence of negligence per-se – if the speeding was the proximate cause of the accident and injuries, liability is established and only the amount of damages is left to be decided.
How do You Prove an Alibi Defense in SC?
How do you prove an alibi defense in SC? If you've ever watched a crime show on the television, you're probably familiar with the alibi defense - I was somewhere else at the time of the murder; therefore, it is impossible for me to have committed the crime. Seems...
