A man who pleaded guilty in 2008 to his part in a violent crime spree will get a new trial based on ineffective assistance of counsel, the South Carolina Court of Appeals ruled Sept. 9 in an unpublished opinion. Attorney ...

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COLUMBIA (AP) A South Carolina man serving life in prison for two murders could soon get a new trial, according to a decision Wednesday by an appellate court. The South Carolina Court of Appeals ruled that Jeremy McMillan, 27, should ...

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Wolfe v. Clarke A defendant convicted of murder-for-hire has shown that state prosecutors violated Brady v. Maryland when they intentionally withheld a detective’s report about conversation with the chief prosecution witness who said defendant asked him to commit the murder, and the 4th Circuit grants defendant’s § 2254 petition in this murder-for-hire case.

Tagged with: Murder New Trial

U.S. v. Lawson A juror’s use of Wikipedia to research an element of a criminal offense violated defendant’s right to a fair trial on illegal “cockfighting” charges, and the 4th Circuit vacates defendant’s conviction for violating an animal fighting statute, 7 U.S.C. § 2156(a), and conspiracy convictions of defendants related solely to the animal fighting activities.

Tagged with: Criminal Practice New Trial

State v. Howard Defendant was charged with assault and battery of a high and aggravated nature (ABHAN). When deciding to admit evidence of defendant’s three prior ABHAN convictions, the trial court discussed the importance of credibility in this case, but the court failed to state how defendant’s prior ABHAN convictions were probative of his credibility.

Tagged with: Criminal Practice Evidence New Trial

Elmore v. Ozmint A mentally retarded African-American handyman who was 23 years old when he was accused of the 1982 murder of a 75-year-old wealthy white woman for whom he did odd jobs is entitled to a new trial, as his trial lawyers’ “blind acceptance of the State’s forensic evidence” demonstrated constitutionally ineffective assistance of counsel, says the 4th Circuit in a 2-1 split.

Tagged with: Criminal Practice Death Penalty New Trial

Cory Credell’s insistence that counsel in his Orangeburg murder trial in 2001 had been ineffective fell on deaf ears in the South Carolina state appellate courts. The South Carolina Court of Appeals dismissed his appeal in 2003. Credell’s application for post-conviction relief was denied in 2006. Credell then filed a petition for Writ of Certiorari with the South Carolina Supreme Court. The court granted the writ in 2008 but later dismissed it in 2009 as improvidently granted.

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State v. Nance In a prior trial, defense counsel ineffectively executed a strategy of not contesting guilt and of mitigating defendant’s actions in an attempt to avoid the death penalty. We awarded a new trial, and the only eyewitness has now passed away. Defense counsel’s strategy in the original trial of not cross-examining the eyewitness was not ineffective, and, at defendant’s new trial, the late eyewitness’ testimony may be read to the jury without violating defendant’s rights under the Confrontation Clause. We reverse the trial court’s order granting defendant’s motion to suppress the eyewitness’ testimony from the original trial.

Tagged with: Attorneys confrontation clause Constitutional Criminal Practice ineffective assistance New Trial