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May 17, 2017

Juveniles can be registered as sex offenders for life

Sentencing a juvenile to register as a sex offender and to wearing an electronic monitoring device for the rest of his life is not unconstitutional, the South Carolina Supreme Court ruled earlier this month. The court’s unanimous May 3 decision in In re Justin B. held that goal of the state’s sex offender registry and […]

Jun 30, 2015

State loses fight over life sentences for juveniles

The legal fight over juvenile sentencing standards in South Carolina is finished. But its ending segues into a new challenge for some of the state’s trial judges, prosecutors and criminal defense attorneys.

Nov 19, 2014

Criminal Practice — Constitutional – Eighth Amendment – Juvenile Defendants – LWOP

Aiken v. Byars (Lawyers Weekly No. 010-130-14, 19 pp.) (Kaye Hearn, J.) (Costa Pleicones, J., concurring) (Jean Hoefer Toal, Ch. J., joined by John Kittredge, J., dissenting) S.C. S. Ct. Holding: Even though petitioners, who were juveniles when they committed their crimes, were not subject to mandatory sentences of life without parole, since their sentencing […]

Jul 24, 2014

For adults only: Jury trials aren’t suited for those under 18, the state Supreme Court rules

The South Carolina Supreme Court has rejected an argument for allowing juveniles to have jury trials, unanimously holding that the state’s constitution does not entitle underage defendants to be tried in front of juries, despite language in the constitution that says anyone has the right to a jury trial. Justice John Kittredge wrote in the […]

Jul 18, 2014

Criminal Practice – Juvenile – Constitutional – Jury Demand

In re Stephen W. (Lawyers Weekly No. 010-072-14, 6 pp.) (John Kittredge, J.) Appealed from Richland County Family Court (Angela Taylor, J.) S.C. S. Ct. Holding: Even though, when our state constitution was adopted, juveniles had the right to a jury trial in criminal prosecutions, the current Children’s Code is an inherently different process from […]

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