Tagged: Guilty Plea Agreements

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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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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Enforcing Guilty Plea Agreements

On February 5, 2014, the South Carolina Court of Appeals decided Smith v. State, holding that trial counsel was ineffective for not objecting when the prosecutor failed to honor the plea agreement. Smith, originally charged with murder, pleaded guilty to the lesser-included offense of voluntary manslaughter.  Under the plea agreement, the Solicitor was not supposed […]

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