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South Carolina Supreme Court passes on opportunity to reconsider its holding in State v. Wallace.

On June 6, 2018, in State v. Perez, the South Carolina Supreme Court reversed a conviction based on a Sixth Amendment Confrontation Clause violation because the trial court did not allow Mr. Perez to cross-examine one of the prosecution’s critical witnesses about applying for a U-visa. The Court, however, passed on an opportunity to reconsider […]

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South Carolina Supreme Court provides guidance in allaying the prejudice prong in post-conviction relief cases

On February 8, 2018, the South Carolina Supreme Court decided Smalls v. State, which provides important guidance in how to analyze the prejudice prong in post-conviction relief ) “PCR” cases. Initially, the Supreme Court clarified its standard of review in PCR cases by stating, “Our standard of review in PCR cases depends on the specific […]

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“How to be Innocent and be Found not Guilty” – Criminal Sexual Conduct CLE

The South Carolina Association of Criminal Defense Lawyers has invited Charles Grose to speak about defending someone charged with criminal sexual conduct with a minor.  The seminar will take place the the Columbia Metropolitan Convention Center on Friday, March 9, 2018.

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Appellate Practice Project: Presenting Cases to the Appellate Courts

Charles Grose was a Breakout Session Facilitator at the 2017 Appellate Practice Project on November 30, 2017.  This program trains attorneys to handle appeals.  Attorneys participating in the program have the opportunity to volunteer to handle an appeal assigned to the Division of Appellate Defense of the South Carolina Commission on Indigent Defense.  The project, […]

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Mangal v. State – What are the Takeaways?

In Mangal v. State, our Supreme Court allowed a conviction for first-degree criminal sexual conduct (CSC) with a minor to stand in the face of a disturbing combination of ineffective assistance of trial and post-conviction relief (PCR) counsel.  Mangal’s trial counsel failed to object to expert testimony that improperly bolstered the testimony of the child, and […]

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It Should Be Hard for the Prosecution to Convict Someone of Attempted Murder

In State v. King, our Supreme Court rejected prosecutors’ contention that attempted murder is a general intent, rather than a specific intent crime.  This holding, predictably, resulted from our Court’s review of its precedent and the legislative history of the Sentencing Reform Act of 2010. Prosecutors attempted to equate attempted murder to the common law offense […]

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Confrontation Clause vs. Witness’ Privacy

In State v. Blackwell, 420 S.C. 127, 801 S.E.2d 713 (2017), the South Carolina Supreme Court addressed what the Court termed “the novel question of whether a criminal defendant’s constitutional right to confront a witness trumps a witness’s state constitutional right to privacy and statutory privilege to maintain confidential mental health records.”  Our Court recognized, “[T]he majority of jurisdictions […]

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Trial Procedures for Videotaped Child Interviews

In State v. Anderson, 413 S.C. 212, 776 S.E.2d 76 (2015), the South Carolina Supreme Court settled on procedures for admitting, during jury trials, the videotaped child interview conducted as part of the investigation into child sex abuse allegations.  First, outside the presence of the jurors, the trial judge determines whether the interview satisfies the […]

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Charles Grose Speaks at Public Defender Conference

On September 25, 2017, Charles Grose spoke at the 2017 Public Defender Conference in North Myrtle Beach, South Carolina.  The topic, “Handling the Scariest Witness on Earth: The Child in CSC Cases,” was  intended to help lawyers face their fears of cross-examining children.

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Charles Grose Speaks to Judges

On March 6, 2017, Charles Grose spoke at the South Carolina Association of Circuit Court Judges Spring 2017 Conference.  His topic was “Expert Witness Issues in Child Sexual Abuse Cases.”

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