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Tag Archives: Circumstantial Evidence

Criminal Practice — Grand Larceny & Murder – Circumstantial Evidence – Review Standard – Search & Seizure – Arrest Warrant – Omitted Information (access required)

State v. Lynch (Lawyers Weekly No. 011-031-15, 22 pp.) (James Lockemy, J.) Appealed from Lexington County Circuit Court (Eugene Griffith Jr., J.) S.C. App. Holding: As proof of grand larceny, the state presented multiple witnesses who testified that victim Portia ...

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Court refines jury instructions on circumstantial evidence (access required)

A Charleston County man won’t be offered a second chance to tell a jury the difference between direct and circumstantial evidence. Clarence Logan was convicted of criminal sexual misconduct after he was accused of sexually assaulting a woman in the restroom of a night club. Although the victim identified Logan as her attacker, some of the supporting evidence—such as another witness seeing them exit the restroom at around the same time—was circumstantial.

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Criminal Practice – Drug Possession – Circumstantial Evidence – Actual Possession – Jury Instruction – Constructive Possession (access required)

State v. Fripp Where the cocaine at issue was discovered in a public area over which defendant had no dominion or control, and where the state’s theory was that defendant had actual possession of the drugs and tossed them when he disappeared behind a pick-up truck, such a scenario means a constructive possession theory was not applicable. The trial court erred when it instructed the jury on constructive possession.

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Criminal Practice – Circumstantial Evidence – Insufficient – Burglary – Flight (access required)

State v. Odems Where the state’s circumstantial evidence showed only that (1) when stopped by a sheriff’s deputy, defendant was in the vehicle used by Derrick Dawkins and Frederick Bell to leave the scene of a robbery 90 minutes earlier and (2) following the stop, defendant fled along with Dawkins and Bell, the state’s evidence does not reasonably tend to prove defendant’s guilt. We reverse the Court of Appeals’ decision affirming defendant’s convictions of first-degree burglary, grand larceny, criminal conspiracy and malicious injury.

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