Justia South Carolina Supreme Court Opinion Summaries

Appellant Quashon Middleton was convicted on two counts of attempted murder and one count of possession of a weapon while committing a violent crime. Appellant pulled alongside his victims' stopped car one day in 2010 on his moped. He fired 5-7 times into the car, but none struck the car's occupants. But for the driver's hitting appellant as he sped away, the driver and passenger would have been killed. On appeal, appellant argued the trial judge erred in refusing to charge the jury on the lesser-included offense of assault and battery in the first degree, and this error required reversal. The Supreme Court agreed the trial court's failing to include the lesser-included charge was made in error, however, the Court concluded this error was harmless. View "South Carolina v. Middleton" on Justia Law

Petitioner Clarence Robinson appealed his conviction for armed robbery and possession of a firearm during the commission of a violent crime. He claimed the trial court erred in finding the police had a reasonable, articulable suspicion to stop and search the vehicle in which he was riding as a passenger. Finding no reversible error, the Supreme Court affirmed petitioner's convictions. View "Robinson v. South Carolina" on Justia Law

The issue before the Supreme Court in this case was whether the admission of appellant Davontay Henson's codefendant's redacted confession during a joint trial violated appellant's rights under the Confrontation Clause of the Sixth Amendment. Upon careful consideration of the trial court record, the Supreme Court found that the admission of the redacted confession indeed violated the Confrontation Clause because the jury could infer from the face of the confession that it referred to and incriminated Henson. View "South Carolina v. Henson" on Justia Law

Petitioner James Giles was convicted of first-degree burglary, strong arm robbery, and kidnapping. He was sentenced to thirty years', thirty years', and fifteen years' imprisonment, respectively, to be served concurrently. On appeal to the Supreme Court, he argued the appellate court erred in affirming his convictions and sentences on the basis that the trial court improperly sustained the solicitor's "Batson" motion. Finding no reversible error, the Supreme Court affirmed. View "South Carolinav. Giles" on Justia Law

Appellant Steven Barnes was convicted of kidnapping and murdering Samuel Sturrup, for which he received the death sentence. The judge sentenced appellant to death for the murder, but imposed no sentence for kidnapping. On appeal, appellant contended the trial court erred: (1) in permitting his attorney to call a defense psychiatrist to testify regarding his right to represent himself and in denying his "Faretta" request; (2) in limiting voir dire and in qualifying Juror #203; and (3) in refusing to dismiss the indictments because of the State's failure to comply with the Interstate Agreement on Detainers (IAD) Act. Upon review of the matter, the Supreme Court found the trial judge applied the incorrect competency standard in denying appellant's Faretta request. The case was reversed and remanded for further proceedings. View "South Carolina v. Barnes" on Justia Law

Petitioner Ervin C. Gamble challenged his conviction for heroin trafficking. The Supreme Court found that record in this case did not demonstrate that probable cause supported Petitioner's arrest. The officer's testimony describes Petitioner's arrival at a certain location, and Petitioner's subsequent arrest, but did not explain why these events triggered the search. Accordingly, the Supreme Court reversed Petitioner's conviction. View "South Carolina v. Gamble" on Justia Law

A twelve-year-old Child was sexually assaulted and murdered. The Child's father, Billy Wayne Cope was convicted of murder, two counts of first-degree criminal sexual conduct (CSC), criminal conspiracy, and unlawful conduct towards a child. The court of appeals affirmed Cope's convictions. Cope raised four issues on appeal to the Supreme Court: (1) whether the court of appeals erred in upholding the trial court's refusal to admit certain evidence; (2) whether the court of appeals erred in affirming the trial court's excluding certain evidence; (3) whether the court of appeals erred in affirming the trial court's refusal to allow Cope's false-confessions expert to specifically discuss factually similar cases; and (4) whether the court of appeals erred in affirming the trial court's denial of Cope's motion for a directed verdict on the charge of criminal conspiracy. Finding no reversible error by the trial court, the Supreme Court affirmed Cope's convictions. View "South Carolina v. Cope" on Justia Law

Appellant Justin B. challenged the active electronic monitoring requirements of section 23-3-540 of the South Carolina Code. Appellant argued that because he was a juvenile, the imposition of lifetime monitoring under the statute constitutes cruel and unusual punishment in violation of the federal and state constitutions. The Supreme Court found that electronic monitoring was not a punishment, and rejected Appellant's claim. However, the Court concluded Appellant must be granted periodic judicial review to determine the necessity of continued monitoring. View "In the Interest of Justin B." on Justia Law

Appellant Greg Issac appealed a trial court ruling that denied his request for a hearing to determine whether he was immune from prosecution under the Protection of Persons and Property Act. Appellant was indicted for murder, first degree burglary, attempted armed robbery and criminal conspiracy. Appellant contended that he was not afforded a hearing on his immunity issue. The trial court determined the Act did not apply to this case as a matter of law, specifically, that the intent of the Act was not to protect intruders and afford immunity to them or those who might enter the dwelling of another to commit a criminal act. Appellant argued on appeal to the Supreme Court that the trial court's order was immediately appealable. The Supreme Court disagreed and dismissed Appellant's appeal. View "South Carolina v. Isaac" on Justia Law

The Supreme Court granted certiorari to review a Court of Appeals opinion that affirmed the convictions and sentence of Karriem Provet for trafficking cocaine and resisting arrest. Petitioner argued the Court of Appeals erred when it affirmed the trial court's determination that reasonable suspicion existed to justify extension of a traffic stop and that petitioner voluntarily consented to the search of his vehicle. Finding no error, the Supreme Court affirmed. View "South Carolina v. Provet" on Justia Law