Tagged: Due Process

Court of Appeals Affirms Grant of New Trial After Prosecutor Failed to Disclose Deal with Testifying Co-Defendant

On May 8, 2018, in State v. Dean, the South Carolina Court of Appeals affirmed the grant of a new trial because the prosecution did not disclose its deal with a testifying co-defendant. The failure to disclose resulted in a denial of due process and the right to confront the witness. Click this link to […]

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Court of Appeals Orders Credit for Time Served

On February 13, 2019, in State v. Brown, the South Carolina Court of Appeals held individuals are entitled to credit for time served during pre-trial commitments to a secure mental health facility to restore competency to stand trial. Click this link to read State v. Brown.

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Due Process Required Before Department of Corrections Can Change Interpretation of Sentence

On May 28, 2014, the South Carolina Supreme Court decided Tant v. S.C. Department of Corrections.  While recognizing a duty and responsibility for the Department of Corrections to correct errors in its records, our Court recognized “the reality that an individual’s freedom is in implicated in these determinations.”  The Court held, “[W]henever the Department alters […]

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Open Letter to Politicians Attacking Criminal Defense Lawyers

The Republican Governor’s Association has launched an attack ad against South Carolina Democratic Party candidate for Governor, state Senator Vincent Sheheen.  The ad can be viewed by clicking the link to this news story.  Not only is this political ad designed to stir emotions, it is also misleading and fails to recognize the vital role […]

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Right to Counsel and Hearing before Revocation of Probation

On March 5, 2014, the South Carolina Court of Appeals decided State v. Brannon, reminding the bench and bar about the rights that must be protected before the court may revoke probation. “Troubled by the absence of any finding whatsoever in the appealed order,” the Court remanded the case for “the circuit court to determine […]

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Informants in Drug Cases Part Two: Hand-to-Hand Transactions Participants & Witnesses

A reoccurring question is whether a person charged in a drug case has the right to know the identity of the informant used by the police to make the case.  The answer turns, in part, on whether the informant is a “mere tipster” or actually participated in or witnessed a hand-to-hand transaction.  This blog post […]

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Informants in Drug Cases Part One: “Mere Tipsters”

A reoccurring question is whether a person charged in a drug case has the right to know the identity of the informant used by the police to make the case.  The answer turns, in part, on whether the informant is a “mere tipster” or actually participated in a hand-to-hand transaction.  This blog post addresses the […]

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