Tagged: SC Association of Criminal Defense Lawyers

“How to be Innocent and be Found not Guilty” – Criminal Sexual Conduct CLE

The South Carolina Association of Criminal Defense Lawyers has invited Charles Grose to speak about defending someone charged with criminal sexual conduct with a minor.  The seminar will take place the the Columbia Metropolitan Convention Center on Friday, March 9, 2018.

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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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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: More News Regarding the Implementation of State v. Langford

There are new developments in the state constitutional crisis surrounding the implementation of State v. Langford, the landmark case that ended Solicitor Docket Control in South Carolina.  On July 20, 2013, the Orangeburg Times & Democrat published an article entitled “Defense Attorneys Want a Role in Court Planning.”  This article followed a press release from […]

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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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