In order to prove defendant’s guilt of criminal sexual conduct with a minor in the first degree, the state was required to prove either a prior conviction of an offense listed in S.C. Code Ann. § 23-3-430(C) or that defendant ...

Tagged with: Criminal Practice

After defendant was found guilty of attempted murder based on a theory of transferred intent, this court ruled that transferred intent does not apply to attempted murder. We nevertheless affirm defendant’s conviction because, when he pointed and fired a deadly ...

Tagged with: Criminal Practice

A deputy sheriff received an anonymous tip that defendant was “cooking dope” in an apartment on Whitmire highway in Joanna. Although the tip was face-to-face, the deputy did not know the tipster, asked no follow-up questions, and did not corroborate ...

Tagged with: Criminal Practice

Where (1) police officers approached a parked car because they believed the car’s loud music violated the town’s noise ordinance; (2) the officer on the driver’s side noticed the smell of marijuana, and the driver admitted to having smoked marijuana ...

Tagged with: Criminal Practice

A defendant who sent gift cards to an undercover agent he believed was a member of ISIS was guilty of attempting to provide material support to a foreign terrorist organization where his collection of Nazi paraphernalia suggested a predisposition to ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Practice

Although a burgled storage shed was on the victim’s “family farm” and within 200 yards of the house he shared with his parents, since the shed was not on the parcel owned by the victim’s parents but was instead on ...

Tagged with: Criminal Practice South Carolina Court of Appeals

South Carolina has not addressed whether logs from the National Precursor Log Exchange (NPLEx, an electronic database housing all pseudoephedrine purchases in 29 states) meet the business records exception to the rule against hearsay. Since the NPLEx records are created ...

Tagged with: Criminal Practice South Carolina Court of Appeals

A Virginia reckless driving conviction couldn’t automatically be the basis for a habitual-offender suspension of respondent’s driver’s license because, while South Carolina only has one definition of reckless driving, Virginia has 14. One of those is speeding in excess of ...

Tagged with: Criminal Practice

State v. Haygood (Lawyers Weekly No. 010-096-15, 3 pp.) (Per Curiam) Appealed from Orangeburg County Circuit Court (Edgar Dickson, J.) On writ of certiorari to the Court of Appeals. Substituted opinion. S.C. S.Ct. Holding: The recording of the proceeding before ...

Tagged with: Criminal Practice

State v. Manning No video recording of defendant’s conduct at the incident site was required because police Corporal Hallman was conducting an investigation of a traffic accident and defendant was arrested at the hospital.

Tagged with: Criminal Practice Jury Instructions