Tagged: Blues Bar-B-Q & Bar CLE

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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Special Concerns Involving Juvenile Sex Offender Registration

Special concerns involving juvenile sex offender registration include (A) the procedural safeguards offered a juvenile prior to adjudication and (B) imposing a lifetime registration requirement despite the extraordinary capacity of juveniles for rehabilitation. A.  Procedural Safeguards Offered a Juvenile Prior to Adjudication.  Whether a state can require lifetime juvenile sex offender registration without offering a […]

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South Carolina’s Sex Offender Registry has turned into Punishment

According to the Supreme Court of the United States, the authority of the state to require sex offender registration flows from a conviction. Connecticut Dep’t of Pub. Safety v. Doe, 538 U.S. 84 (2003) (“the law’s requirements turn on an offender’s conviction alone”); Smith v. Doe, supra, (registration requirement and dissemination of information flows from conviction). […]

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Independent Mental Evaluations of Children Alleging Sexual Abuse

Defense counsel should consider requesting an independent mental evaluation of a child alleging sexual abuse in two circumstances.  The first is when the prosecution might seek to introduce through the counselor opinion evidence about rape trauma.  For a discussion of State v. Schumpert, 312 S.C. 502, 435 S.E.2d 859 (1993) and limitations on expert testimony, […]

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Finally Finishing Forensic Interviews? No, but Why and What Comes Next?

“Forensic interviewers might be useful as a tool to aid law enforcement officers in their initial investigative process, but this does not make their work appropriate for use in the courtroom.”  State v. Kromah, 401 S.C. 340, 357 (fn. 5), 737 S.E.2d 490, 499 (fn. 5) (2013).  This ruling, handed down on January 23, 2013, […]

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Preview of Upcoming Blog Posts for Blues, Bar-B-Q, and Bar CLE

On Friday, July 12, 2013, the South Carolina Association of Criminal Defense Lawyers will host the 8th Blues, Bar-B-Q, and Bar CLE at the Arts Center at the Federal Building, in Greenwood, South Carolina.  This seminar coincides with the 13th Annual South Carolina Festival of Discovery.  This event is the perfect opportunity for lawyers to […]

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