Justia South Carolina Supreme Court Opinion Summaries

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

Clarence Logan appealed his conviction of attempted criminal sexual misconduct in the first degree. He argued that the trial court erred in providing the circumstantial evidence charge the Supreme Court articulated in "South Carolina v. Grippon" (489 S.E.2d 462 (1997)). The question, the Supreme Court observed, was not whether the circumstantial evidence carried the same probative weight as direct evidence in this case (concluding that it did), but the proper means for evaluating the evidence and how to instruct the jury as to the jury's analytical responsibility. "Trial courts should not be constrained from providing a jury charge encompassing the determinations critical for analyzing circumstantial evidence as it appears in some cases. Additionally, defendants should not be restricted from requesting a jury charge that reflects the requisite connection of collateral facts necessary for a conviction." Thus, the Court articulated language to be used by trial courts pertaining to circumstantial evidence, in addition to a proper reasonable doubt instruction, when so requested by a defendant. View "South Carolina v. Logan" on Justia Law

Defendant-Applicant Gregory McHam appealed the denial of his application for post-conviction relief. He contended that he received ineffective assistance of trial counsel because counsel failed to renew a motion to suppress drug evidence. Upon review, the Supreme Court concluded the PCR judge erred in finding defendant's trial counsel was not deficient, but that counsel's failure to renew the objection to drug evidence was not deficient performance such that defendant's constitutional rights were violated. However, the Court agreed with the PCR judge's ultimate findings that defendant did not establish prejudice and did not prove his claim for ineffective assistance of counsel as his Fourth Amendment claim failed on its merits. Consequently, the decision of the PCR judge was affirmed as modified. View "McHam v. South Carolina" on Justia Law

Appellant Thalma Barton appealed an Administrative Law Court's order that affirmed the South Carolina Department of Probation, Parole and Pardon Services' (DPPPS) decision to deny her parole. Although two-thirds of the members of the Parole Board voted in favor, the Board ultimately denied parole, citing the seriousness of Appellant's offense. Upon review, the Supreme Court concluded that the Administrative Law Court erred in interpreting the two-thirds provision requiring Appellant to obtain five Parole Board votes instead of four, and that retroactive application of that provision constituted an ex post facto violation. Because Appellant received the necessary number of votes, she should have been granted parole. The Court therefore reversed the Administrative Law Court's decision. View "Barton v. SCDPPP" on Justia Law

Petitioner Robert Taylor appealed the post-conviction relief court's denial of relief on the grounds that he did not receive ineffective assistance of counsel though his plea counsel failed to advise him of the consequences of a guilty plea. He also argued that counsel failed to fully investigate one of the charges prior to his plea. Finding that Petitioner did not demonstrate he was prejudiced by his counsel's alleged ineffectiveness, the Supreme Court affirmed. View "Taylor v. South Carolina" on Justia Law