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Aug 20, 2018

Criminal Practice – Closing Arguments – Improper Statement – Mistrial Motion – Attempted Murder – Intent to Kill

In the state’s summation, the prosecutor laid out how the state had proven attempted murder. The prosecutor then said, “And if you don’t think that we’ve done it, . . . [w]e will give him back all of his stuff and put him back out on the street.” Simultaneously, prosecutor tossed defendant’s gun on top […]

Apr 25, 2016

Mistrial in case of man charged in Chester councilman death

WINNSBORO, S.C. (AP) — A mistrial has been declared in the murder trial of a man charged with killing a Chester city councilman. Local media outlets report a Fairfield County jury deliberated seven hours over two days before sending a note to Circuit Judge Brian Gibbons on Saturday that they were deadlocked. Deliberations began Friday […]

Jan 13, 2015

Judge declares mistrial in murder case against ex-police chief

A South Carolina judge declared a mistrial early Tuesday in the case of a white ex-police chief charged with murder in the shooting death an unarmed black man.

Dec 12, 2014

Mistrial declared in SC double murder trial

RIDGELAND (AP) — A judge in Jasper County has declared a mistrial in the case of a man charged with two counts of murder. The Island Packet of Hilton Head reports ( ) there were problems with the jury selected this week in the case of 21-year-old Bernard Christopher Jenkins. Defense attorney Cory Fleming asked […]

Oct 25, 2012

Mistrial declared in Beaufort County murder trial

HILTON HEAD ISLAND (AP) — A mistrial has been declared in the murder trial of a man charged with shooting a man at a Beaufort County boat landing two years ago. The Island Packet of Hilton Head reported that Jerry Lamont Scantling was on trial in the death of 52-year Leonard Green in May of 2010.

Mar 18, 2011

Double jeopardy applied after solicitor ‘goaded’ mistrial, justices rule

man who was convicted of murder after two trials was barred from prosecution in the second trial under the Double Jeopardy Clause because of prosecutorial misconduct, the S.C. Supreme Court ruled. In a rare invocation of the clause, Jack Edward Earl Parker won reversal of his conviction by arguing that a prosecutor goaded defense counsel into moving for a mistrial during the first trial. A lawyer[...]

Mar 14, 2011

Criminal Practice – Constitutional – Double Jeopardy – Mistrial – Prosecutorial Misconduct

State v. Parker. Where the first trial judge ruled that prosecutorial misconduct goaded defendant into moving for a mistrial, the second trial judge erred when he denied defendant's motion to dismiss based . . .

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