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Tag Archives: Criminal Practice

Criminal Practice – Search & Seizure – Appeals – Jury Instructions – ‘Inference’ (access required)

State v. Barno. Although trial counsel objected to a jury instruction on the inference of knowledge and possession that arises when a defendant controls the area in which drugs are found, at trial the argument was that the inference instruction was burden-shifting; however, on appeal, defendant argues that the trial court should have included an instruction allowing the jury to accept or reject the permissive inference of knowledge and possession.

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Criminal Practice – Right to Remain Silent – Miranda Warnings – Waiver – 17-Year-Old Special Education Student – Evidence – Surveillance Footage – Failure to Preserve – Grand Jury Proceedings – Prior Inconsistent Statements (access required)

State v. Moses. (Lawyers Weekly No. 011-132-10, 11 pp.) (Daniel F. Pieper, J.) Appealed from Greenville County Circuit Court. (John C. Few, J.) S.C. App. Click here for the full text of the opinion. Holding: Even though the 17-year-old special ...

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