Appellate Opinions

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,...

U.S. Supreme Court Addresses Racial Bias in the Jury Room – Pena-Rodriguez v. Colorado

U.S. Supreme Court Addresses Racial Bias in the Jury Room – Pena-Rodriguez v. Colorado

Last week the U.S. Supreme Court, in Pena-Rodriguez v. Colorado, announced “a constitutional rule that racial bias in the justice...

Buck v. Davis – Race Should Never be a Factor in Sentencing

Buck v. Davis – Race Should Never be a Factor in Sentencing

Buck v. Davis was decided by the U.S. Supreme Court today, holding that it was ineffective assistance of counsel for...

Finally, Final Closing Argument For the Defense

Finally, Final Closing Argument For the Defense

Edit: The Court withdrew the Beaty opinion, substituting it for a new opinion where they hold that they do not...

State v. Berry – How to Get Inadmissible Testimony in Front of the Jury

State v. Berry – How to Get Inadmissible Testimony in Front of the Jury

If you are a prosecutor, anyway:  When an objection is sustained, just keep asking similar questions so the jury can...

When Is Brain Damage a Valid Defense?

When Is Brain Damage a Valid Defense?

In Winkler v. State, the S.C. Supreme Court reversed and remanded a capital murder defendant’s case so that his attorneys...

Utah v. Strieff – can police now stop and search you without probable cause?

Utah v. Strieff – can police now stop and search you without probable cause?

In Utah v. Strieff, decided June 20, 2016, the U.S. Supreme Court apparently decided that incremental erosion of our Fourth...

U.S. v. Robertson (4th Cir.) – consent or submission?

U.S. v. Robertson (4th Cir.) – consent or submission?

In U.S. v. Robertson, decided December 13, 2013, the Fourth Circuit Court of Appeals held that a defendant, who responded...

State v. Sawyer – DUI – non-compliance with videotape requirement

State v. Sawyer – DUI – non-compliance with videotape requirement

State v. Sawyer, decided June 4, 2014, is the latest in a line of DUI cases where the S.C. Supreme...