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Category Archives: PCR Post Conviction Relief

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PCR Post Conviction Relief
Washington v. State: Kidnapping, Armed Robbery Conviction Reversed for Improper Closing Argument by Prosecutor
Axelrod & Associates, P.A.
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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…

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Can You File a PCR if You Represented Yourself at Trial?
Axelrod & Associates, P.A.
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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…

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Criminal Appeal or Post-Conviction Relief (PCR) – What’s the Difference?
Axelrod & Associates, P.A.
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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…

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Prosecutorial misconduct in closing arguments: how far is too far?
Axelrod & Associates, P.A.
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Prosecutorial misconduct in closing arguments: how far is too far?

How far is too far when a prosecutor makes inflammatory statements in their closing arguments to jurors? Is it prosecutorial misconduct? Is it ever okay for a prosecutor to purposely inflame the passions and prejudices of jurors? Do the ends justify the means when the…

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When should a pcr petition be amended?
Axelrod & Associates, P.A.
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When should a pcr petition be amended?

In Love v. State, the SC Supreme Court reversed the PCR court’s denial of Love’s motion to amend his pleadings, although the request was not made until just before his hearing started. The case was remanded for a full hearing on the sole issue that…

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