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Supreme Court overrules itself, orders new trial for improper jury instructions
The South Carolina Supreme Court has ordered a new trial for a Laurens County man convicted of drug offenses, finding that a trial judge inappropriately instructed the jury that it may infer “knowledge and possession” when illegal drugs are found on property under a defendant’s control. The unanimous May 19 ruling reverses the precedent set by the court in […]
Criminal Practice – Jury Instructions – Reasonable Doubt – Search & Seizure – Reasonable Suspicion – Confidential Informant
State v. Pradubsri (Lawyers Weekly No. 011-046-17, 11 pp.) (Stephanie McDonald, J.) Appealed from Lexington County Circuit Court (Clifton Newman, J.) S.C. App. Holding: Even though the trial court instructed the jury that reasonable doubt “is doubt which makes an honest, sincere, conscientious juror in search of the truth hesitate to act,” the court also […]
Criminal Practice – CSC with a Minor – Jury Instructions – Harmless Error — § 16-3-657 – Corroborating Evidence
State v. McBride(Lawyers Weekly No. 011-043-16, 13 pp.) (Paul Short Jr., J.) Appealed from Williamsburg County Circuit Court (John Hayes III, J.) S.C. App. Holding: Even though the trial court erred when it instructed the jury as to S.C. Code Ann. § 16-3-657 (“The testimony of victims in criminal sexual conduct cases need not be […]
Criminal Practice — Murder – Jury Instructions – Voluntary Manslaughter – Self-Defense Evidence
State v. Niles (Lawyers Weekly No. 010-059-15, 11 pp.) (Jean Hoefer Toal, C.J.) (Costa Pleicones, J., dissenting) Appealed from Horry County Circuit Court (Benjamin Culbertson, J.) On writ of certiorari to the Court of Appeals. Substituted opinion. S.C. S. Ct. Holding: Where defendant’s testimony focused on who shot first – apparently to support defendant’s theory […]
Court ruling a missed opportunity?
The South Carolina Court of Appeals squandered the chance to establish a standard for the state’s trial judges to follow when responding to jury requests for copies of instructions, according to a Greenwood criminal defense lawyer. “They’re OKing a hodgepodge of ways to do it, some of which are going to be OK and some […]
Criminal Practice – Felony DUI – No Video Recording – Accident – Blood Test Evidence – Severed Charges – Jury Instructions
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.
Criminal Practice – ABWIK – Jury Instructions – Malice – Deadly Weapon
State v. Price Where there was no evidence of self-defense or anything else which could excuse or justify assault and battery with intent to kill, the trial court did not err when it instructed the jury that it could infer malice from defendant’s use of a deadly weapon. We find no error in defendant’s conviction of assault and battery with intent to kill (ABWIK).
Tort/Negligence – Auto/Train Collision – Crossing Safety – Evidence – Subsequent Remedial Measures – Jury Instructions
Stephens v. CSX Transportation, Inc. After a collision between a train and a car at a railroad crossing, the defendant-railroad company cut down trees near the crossing. Plaintiff argued that this evidence should have been admitted to impeach the railroad company’s position that the crossing was reasonably safe even with the trees in place.
Criminal Practice – Manslaughter – Jury Instructions – Self-Defense
State v. Jackson Our Court of Appeals held, Where it was unclear whether defendant or the victim started their fight, the trial court should have instructed the jury on self-defense. We affirm the trial court’s exclusion of evidence of the victim’s violent history, but we reverse its refusal to charge the jury on self-defense. We conclude that the writ of certiorari to review the Cour[...]
Criminal Practice – Evidence – Expert Witness – Pathologist – Manner of Death – Jury Instructions
State v. Commander Since the prosecution’s pathologist did not testify as to the defendant’s state of mind, he was correctly permitted to testify as to his determination that the manner of death was homicide. As modified, we affirm the Court of Appeals’ decision upholding the circuit court’s rulings. A medical examiner is required to determine both the “cause of death” -[...]
Real Property – Residential Property Condition Disclosure Act – Mold – Sellers & Real Estate Agent – Jury Instructions – Rule 59 — Evidence – State Agency Consent Order
Winters v. Fiddie Although the complaint does not cite the Residential Property Condition Disclosure Act, the complaint’s allegations are sufficient to state a claim under the Act. We reverse the trial court’s grant of a new trial. Otherwise, we affirm, and the jury’s verdict is reinstated.
Criminal Practice – Jury Instructions – Accomplice Liability – Equivocal Evidence
Barber v. State Even though the state’s evidence tended to show that only defendant was armed with a semi-automatic handgun during the robbery, defense counsel elicited testimony that all three robbers were armed - one with a rifle and two with .380 handguns, the type of weapon forensic experts testified fired all the shots in the victim’s home that evening. Further, defense counsel o[...]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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