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Confronting Prosecution Strategies in Child Sex Abuse Cases

For decades, the prosecution has utilized a coordinated strategy to investigate and prosecute child sex abuse cases.  Expert testimony to explain a child’s inconsistent behavior and statements is central to the prosecution strategy.  Utilizing this strategy, prosecutors routinely solicited improper opinion evidence from the purported expert.  Our Supreme Court disallowed this practice in a recent […]

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Preview: 2015 Blues, BBQ, & Bar CLE Presenataion

The South Carolina Association of Criminal Defense Lawyers have invited Charles Grose and Chelsea McNeill to speak at the 2015 Blues, BBQ, and Bar CLE on Friday, July 10, 2015.  The prevention, “Defending Child Sex Abuse Cases,” will discuss jury selection, law enforcement interviews of the children, delayed reporting of child sexual abuse, and cross-examining […]

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Charles Grose Moderated 2015 Criminal Law Update

As chair of the Criminal Law Section, Charles Grose planned and moderated the 2015 Criminal Law Update at the annual South Carolina Bar meeting, held in Columbia, South Carolina on Friday, January 23, 2015.  Please click these links to view the agendas for Part One and Part Two of the program.  The second part of […]

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Juvenile Life without Parole Sentences Unconstitutional

On November 12, 2014, the South Carolina Supreme Court decided Aiken et. al. v. Byars, holding life without parole sentences for crimes committed by juveniles are unconstitutional, unless the sentencing court convened a sentencing hearing and considered all mitigating circumstances, as mandated by the Supreme Court of the United States in Miller v. Alabama.  Charles Grose […]

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Lawyers Must Communicate Guilty Plea Offers to Clients

On November 5, 2014, the South Carolina Court of Appeals decided Bell v. State (Opinion No. 5277), holding that Bell’s lawyer was ineffective for not telling him about a guilty plea offer.  In his post-conviction relief (PCR) hearing, Bell testified that he would have pleaded guilty and not have taken a jury to trial, had […]

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SC Supreme Court Enforces Fourth Amendment

In State v. Adams, the South Carolina Supreme Court recognized limits on law enforcement’s ability to track a citizen’s vehicle with a GPS device, set a trap, and search the vehicle for drugs.  In doing so, the Court enforced United States v. Jones, a 2012 Supreme Court of the United States decision holding that “the […]

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“Stopping the Runaway Train—Getting Control of Child Sex Abuse Cases.”

On September 22, 2014, Charles Grose spoke at the 2014 South Carolina Public Defender Association Conference in North Myrtle Beach, South Carolina.  His presentation focused on the rules and procedures for try child sex abuse cases in South Carolina.  

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Cell Phone Privacy

On June 25, 2014, the Supreme Court of the United States decided Riley v. California, holding that a search warrant is required before the police can search digital information on a cell phone that was seized pursuant to an arrest. Chief Justice Roberts, writing the majority opinion, pointed out the obvious: cell phones “are such a pervasive […]

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State Procedures for Determining Intellectual Disabilities in Death Penalty Cases Must Follow Established Medical Practice

In 2002, the Supreme Court of the United States decided Atkins v. Virginia, 536 U.S. 304, (2002), holding it violates the Eighth Amendment to execute a person with intellectual disabilities, also know as mental retardation. Last week, the Supreme Court of the United States decided Hall v. Florida, Case No. 12-10882 (May 27, 2014), recognizing […]

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Another Good Circumstantial Evidence Case

On May 28, 2014, the South Carolina Court of Appeals decided State v. Bennett, holding that the trial judge should have directed a verdict of not guilty because the prosecution failed to present substantial circumstantial evidence that would allow the jurors to infer Bennett’s guilt. The State charged Bennett with burglary of a community center […]

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