Tagged: Special Responsibilities of Prosecutors

Another Good Circumstantial Evidence Case

On May 28, 2014, the South Carolina Court of Appeals decided State v. Bennett, holding that the trial judge should have directed a verdict of not guilty because the prosecution failed to present substantial circumstantial evidence that would allow the jurors to infer Bennett’s guilt. The State charged Bennett with burglary of a community center […]

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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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Prosecution of Courtesy Summons in Magistrate and Municipal Courts

In 2002, our General Assembly adopted South Carolina Code Section 22-5-115 “to provide that a magistrate [or municipal court judge] may issue a notice for trial based upon the sworn statement of an affiant who is not a law enforcement officer but may not issue an arrest warrant if the affiant is not a law […]

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