On March 5, 2014, the South Carolina Court of Appeals decided State v. Brannon, reminding the bench and bar about the rights that must be protected before the court may revoke probation. “Troubled by the absence of any finding whatsoever in the appealed order,” the Court remanded the case for “the circuit court to determine […]
Formally in South Carolina, self-defense was an affirmative defense an accused was required to prove by preponderance of the evidence. E.g. State v. Finley, 277 S.C. 548, 290 S.E.2d 808 (1982) and State v. Bolton, 266 S.C. 444, 223 S.E.2d 863 (1976). Applying this burden of proof, in State v. Hendrix, 270 S.C. 653, 657-58, […]
On February 26, 2014, the South Carolina Supreme Court decided State v. Middleton, holding that first-degree assault and battery is a lesser-included offense of attempted murder, even if the victim does not sustain any injuries. The Court pointed out that the statutory offense applies not only to “injuries,” but also to “offers or attempts to […]
On February 5, 2014, the South Carolina Court of Appeals decided Smith v. State, holding that trial counsel was ineffective for not objecting when the prosecutor failed to honor the plea agreement. Smith, originally charged with murder, pleaded guilty to the lesser-included offense of voluntary manslaughter. Under the plea agreement, the Solicitor was not supposed […]
On January 29, 2014, the South Carolina Court of Appeals decided Sullivan v. State, holding, “Because there was no evidence Sullivan fired a gun unintentionally, he was not entitled to a jury charge on involuntary manslaughter.” Sullivan, in a post-conviction relief (PCR) action, alleged his trial counsel was ineffective for not requesting a full and […]
A prior SC Supreme Court Watch: The “Protection of Persons and Property Act” pointed out that our Supreme Court heard oral arguments in June 2013 in two cases that could further interpret a citizen’s rights under the statute. Both cases were before our Supreme Court on pre-trial appeals of trial court Castle Doctrine hearings. Our […]
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 […]
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 […]
On Thursday, August 22, 2013, South Carolina Supreme Court Chief Justice Jean Toal made her annual presentation to the 2013 Judicial Conference. In her presentation, the Chief Justice announced, “The [Supreme] Court is examining a system for differentiated case management which will set all cases on tracks or scheduling orders.” According to the PowerPoint presentation, […]
On August 14, 2013, in State v. Logan, S.C. Supreme Court Opinion Number 27296, our Supreme Court adopted the following circumstantial evidence jury instruction: There are two types of evidence which are generally presented during a trial—direct evidence and circumstantial evidence. Direct evidence directly proves the existence of a fact and does not require deduction. […]
For Charles Grose, being a defense attorney is an opportunity to help people in tough situations — protecting their rights and helping them avoid unfair or unjust charges and criminal penalties. In addition to helping defendants fight charges they aren’t guilty of, Mr. Grose strives to reveal the total circumstances of each client’s situation and demonstrate to police and prosecutors the mitigating circumstances and often show an alleged crime is not as serious as previously thought.
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Greenwood, SC 29646
864-538-4466
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