Appellate Opinions

What is Mutual Combat in SC?

What is Mutual Combat in SC?

Mutual combat in SC can be a confusing subject – I’ve had people ask me several times, “is mutual combat...

No Rule for Order of Closing – State v. Shands

No Rule for Order of Closing – State v. Shands

In January of 2017, we thought the SC Supreme Court had finally fixed the problem of prosecutors sandbagging in their...

In America, It’s Okay to Sentence Someone to Death for Being Gay

In America, It’s Okay to Sentence Someone to Death for Being Gay

The jurors had to choose between the death penalty and life in prison. While struggling with their decision, they debated...

Lawyer Dogs and the Right to Counsel

Lawyer Dogs and the Right to Counsel

The Lousisiana Supreme Court held this week that a suspect who asked for a “lawyer dog” did not invoke his...

If You’re Not Doing Anything Wrong…

If You’re Not Doing Anything Wrong…

If you’re not doing anything wrong, then you’ve got nothing to worry about… I can’t tell you how angry and...

Doe v. State: Equal Denial Equals Equal Protection?

Doe v. State: Equal Denial Equals Equal Protection?

On July 26, 2017, in Doe v. State, the S.C. Supreme Court struck portions of our state’s CDV laws as...

Am I Free to Go?

Am I Free to Go?

Last week in State v. Spears, the S.C. Court of Appeals reversed a Lexington County conviction for trafficking crack cocaine...

State v. Trapp – The Slow Erosion of the Confrontation Clause Continues

State v. Trapp – The Slow Erosion of the Confrontation Clause Continues

The S.C. Court of Appeals upheld a Newberry County conviction for trafficking crack cocaine last week and held that both...

Castle Doctrine Immunity: Reasonable Fear v. Attacked

Castle Doctrine Immunity: Reasonable Fear v. Attacked

In State v. Scott, the S.C. Court of Appeals affirmed the circuit court’s grant of immunity under S.C. Code Section...

Criminal Profiler Testimony: Not Reliable, Relevant, or Admissible

Criminal Profiler Testimony: Not Reliable, Relevant, or Admissible

In State v. Huckabee, the S.C. Court of Appeals ruled that criminal profiler testimony is not relevant under Rule 401,...