Tagged: Homicide

Involuntary Manslaughter: Can an Intentional Act be an Unintentional Homicide?

On January 29, 2014, the South Carolina Court of Appeals decided Sullivan v. State, holding, “Because there was no evidence Sullivan fired a gun unintentionally, he was not entitled to a jury charge on involuntary manslaughter.”  Sullivan, in a post-conviction relief (PCR) action, alleged his trial counsel was ineffective for not requesting a full and […]

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SC Supreme Court Watch: Update on the “Protection of Persons and Property Act”

A prior SC Supreme Court Watch: The “Protection of Persons and Property Act” pointed out that our Supreme Court heard oral arguments in June 2013 in two cases that could further interpret a citizen’s rights under the statute. Both cases were before our Supreme Court on pre-trial appeals of trial court Castle Doctrine hearings.  Our […]

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Homicide by Child Abuse: Reconciling Recent Court Opinions

On December 11, 2013, the South Carolina Supreme Court decided State v. Hepburn, holding “the State did not present substantial circumstantial evidence sufficient to warrant the denial of [Ashley Hepburn’s] mid-trial directed verdict motion.”  The State jointly tired Ms. Hepburn with her codefendant, Brandon Lewis.  Previously, on May 3, 2013, the Court of Appeals had […]

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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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SC Supreme Court Watch: The “Protection of Persons and Property Act”

In 2006, the General Assembly enacted the “Protection of Persons and Property Act” (SC Code Sections 16-11-410 to 450) “to codify the common law Castle Doctrine which recognizes that a person’s home is his castle and to extend the doctrine to include an occupied vehicle and the person’s place of business.” S.C. Code Ann. § […]

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