Tagged: Criminal Sexual Conduct

“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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Controversy Over Child Sexual Abuse Interviews Continues

On April 9, 2014, the South Carolina Court of Appeals decided State v. Portillo.  Although the Court of Appeals found two types of error, the Court concluded that error was not reversible error in this case. The Court relied on our Supreme Court’s opinion in State v. Kromah and held the trial judge erred in […]

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Supreme Court Watch: 2013 Year in Review

2013 was a major year in criminal law for the South Carolina Supreme Court. Interviews in Child Sexual Abuse Cases – In January 2013, our Supreme Court decided State v. Kromah, hopefully putting to rest prosecution attempts to improperly bolster child witnesses in criminal sexual conduct cases.  Kromah is the most recent of numerous cases […]

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Update: Satellite Monitoring of Sex Offenders Requires Judicial Review — Amended Opinion Issued in State v Dykes

A prior blog post, “Satellite Monitoring of Sex Offenders Requires Judicial Review,” discussed the South Carolina Supreme Court’s opinion in State v. Dykes.  On July 24, 2013, our Supreme Court denied rehearing in Dykes and issued a revised opinion adding a new footnote.  This new footnote rejects constitutional claims not addressed in the substance of […]

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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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Taylor v. State: Tread Carefully When Facing Charges in Multiple Counties

On June 19, 2013, the South Carolina Supreme decided the Post Conviction Relief (PCR) case of Taylor v. State and, in the process, approved a life without parole (LWOP) sentence for a man who would have been better served to resolve all of his charges in multiple counties at the same time. Taylor had charges […]

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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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Satellite Monitoring of Sex Offenders Requires Judicial Review

Section 23-3-540 of the South Carolina Code of Laws requires mandatory, lifetime satellite monitoring of people convicted of first-degree criminal sexual conduct with a minor or committing a lewd act on a minor.  On May 22, 2013, in State v. Dykes, the South Carolina Supreme Court held “that the statute’s initial mandatory imposition of satellite […]

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