Appellate Opinions

DUI – reasonable efforts to maintain video equipment

DUI – reasonable efforts to maintain video equipment

In City of Greer v. Humble, decided March 27, 2013, the S.C. Court of Appeals upheld a municipal court’s dismissal...

How far we’ve come

How far we’ve come

Reading an appellate opinion from 100ish years ago can really put things into perspective – we are fighting today to...

State v. Hepburn – Homicide by child abuse convictions overturned

State v. Hepburn – Homicide by child abuse convictions overturned

In State v. Hepburn, decided yesterday, the S.C. Supreme Court overturned the second of two convictions for homicide by child...

There is no “right to remain silent” – Salinas v. Texas

There is no “right to remain silent” – Salinas v. Texas

In Salinas v. Texas, decided today, the U.S. Supreme Court held that a suspect’s silence may be used against him...

State v. Dykes – lifetime GPS monitoring is still unconstitutional

State v. Dykes – lifetime GPS monitoring is still unconstitutional

In State v. Dykes, decided May 22, 2013, the S.C. Supreme Court revisited it’s May 9 opinion, muddying the waters...

State v. Lewis – aiding and abetting homicide by child abuse conviction overturned

State v. Lewis – aiding and abetting homicide by child abuse conviction overturned

In State v. Lewis, decided May 15, 2013, the S.C. Court of Appeals reversed the defendant’s conviction for aiding and...

Another Administrative Order that won’t be followed

Another Administrative Order that won’t be followed

On Monday, May 15, 2013, Chief Justice Toal issued a “365 Day Benchmark” Administrative Order, ordering that eighty percent of...

State v. Pradubsri – cross-examining the snitch as to charges, potential sentences, and plea-bargaining

State v. Pradubsri – cross-examining the snitch as to charges, potential sentences, and plea-bargaining

In State v. Pradubsri, decided May 1, 2013, the S.C. Court of Appeals re-affirmed that a defendant must be permitted...

UDCMO – motion hearings and other pre-trial matters

UDCMO – motion hearings and other pre-trial matters

The Uniform Differentiated Case Management Order, discussed here, here, and here, has one more glaring omission – there is no...

UDCMO – questions, concerns, complaints

UDCMO – questions, concerns, complaints

The Uniform Differentiated Case Management Order, following the S.C. Supreme Court’s landmark decision in Langford, leaves a lot of questions...