Post Conviction Relief

PCR granted for failure to object to hearsay and bolstering by forensic interviewer

PCR granted for failure to object to hearsay and bolstering by forensic interviewer

In Smith v. State, decided February 16, the S.C. Supreme Court granted post conviction relief to Smith, finding that it...

SCOTUS reverses death sentence of Korean war vet

SCOTUS reverses death sentence of Korean war vet

In Porter v. McCollum, decided November 30, the U.S. Supreme held that it is ineffective assistance of counsel not to...

Multiple offenses in different counties

Multiple offenses in different counties

ln Bryant v. State, the S.C. Supreme Court held that three armed robberies committed within a 54 hour period are...

Two new criminal defense opinions from SCOTUS

Two new criminal defense opinions from SCOTUS

The United States Supreme Court released two criminal law opinions today. The first, (from the syllabus) Osbourne, holds that there...

Ineffective assistance of counsel – attorney does not convey plea offer to client

Ineffective assistance of counsel – attorney does not convey plea offer to client

In Davie v. State, decided this month, the S.C. Supreme Court held that it is ineffective assistance of counsel when...

Conviction for paraphernalia cannot be used to enhance drug offense

Conviction for paraphernalia cannot be used to enhance drug offense

In Berry v. State, released today, the S.C. Supreme Court held that a prior conviction for paraphernalia cannot be used...

Rule 11 sanctions do not apply in PCR actions

Rule 11 sanctions do not apply in PCR actions

In Hiott v. State, the S.C. Supreme Court overruled the Court of Appeals, holding that a trial judge cannot impose...

The cost of wrongful convictions

The cost of wrongful convictions

Prosecutorial misconduct such as withholding evidence, the use of jailhouse snitch testimony, faulty eyewitness identifications, and coerced confessions lead to...

More directly on point

More directly on point

The United States Supreme Court has granted cert in Padilla v. Commonwealth of Kentucky, which deals with the issue I...

U.S. v. Hayes and collateral consequences of a domestic violence plea

U.S. v. Hayes and collateral consequences of a domestic violence plea

The United States Supreme Court today in U.S. v. Hayes held that a conviction for simple assault and battery, if...