South Carolina v. Hawes

In 2007, respondent Alonzo Hawes shot and killed his estranged wife in the presence of their children. Following a guilty plea to voluntary manslaughter, the trial court granted Hawes's section 16-25-90 motion for eligibility for early parole, which the court of appeals affirmed. The South Carolina Supreme Court issued a writ of certiorari to review the court of appeals' decision. Because the trial court failed to exercise discretion, which the Supreme Court concluded was likely the result of its reliance on a prior version of section 16-25-90, it vacated the court of appeals' opinion and remanded the case for reconsideration in light of the correct version of the statute. View "South Carolina v. Hawes" on Justia Law