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SC Supreme Court Watch: The “Protection of Persons and Property Act”

In 2006, the General Assembly enacted the “Protection of Persons and Property Act” (SC Code Sections 16-11-410 to 450) “to codify the common law Castle Doctrine which recognizes that a person’s home is his castle and to extend the doctrine to include an occupied vehicle and the person’s place of business.” S.C. Code Ann. § […]

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Defining “Serious Bodily Injury” as an Element of Criminal Domestic Violence of a High and Aggravated Nature

Criminal domestic violence of a high and aggravated nature (CDVHAN) is “(1) an assault and battery which involves the use of a deadly weapon or results in serious bodily injury to the victim; or (2) an assault, with or without an accompanying battery, which would reasonably cause a person to fear imminent serious bodily injury […]

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Update: Satellite Monitoring of Sex Offenders Requires Judicial Review — Amended Opinion Issued in State v Dykes

A prior blog post, “Satellite Monitoring of Sex Offenders Requires Judicial Review,” discussed the South Carolina Supreme Court’s opinion in State v. Dykes.  On July 24, 2013, our Supreme Court denied rehearing in Dykes and issued a revised opinion adding a new footnote.  This new footnote rejects constitutional claims not addressed in the substance of […]

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SC Supreme Court Watch: Charles Grose Quoted in SC Lawyers Weekly Article Regarding Implementation of State v. Langford

On July 12, 2013, South Carolina Lawyers Weekly published an article by Phillip Bantz entitled “Defense Bar Stunned to Find Docket-Control Committee Already at Work.” Charles Grose was interviewed and quoted in the article: E. Charles Grose Jr., a [Greenwood] defense lawyer who argued on behalf of the Public Defender Association in Langford, said he […]

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SC Supreme Court Watch: More News Regarding the Implementation of State v. Langford

There are new developments in the state constitutional crisis surrounding the implementation of State v. Langford, the landmark case that ended Solicitor Docket Control in South Carolina.  On July 20, 2013, the Orangeburg Times & Democrat published an article entitled “Defense Attorneys Want a Role in Court Planning.”  This article followed a press release from […]

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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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Special Concerns Involving Juvenile Sex Offender Registration

Special concerns involving juvenile sex offender registration include (A) the procedural safeguards offered a juvenile prior to adjudication and (B) imposing a lifetime registration requirement despite the extraordinary capacity of juveniles for rehabilitation. A.  Procedural Safeguards Offered a Juvenile Prior to Adjudication.  Whether a state can require lifetime juvenile sex offender registration without offering a […]

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South Carolina’s Sex Offender Registry has turned into Punishment

According to the Supreme Court of the United States, the authority of the state to require sex offender registration flows from a conviction. Connecticut Dep’t of Pub. Safety v. Doe, 538 U.S. 84 (2003) (“the law’s requirements turn on an offender’s conviction alone”); Smith v. Doe, supra, (registration requirement and dissemination of information flows from conviction). […]

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Independent Mental Evaluations of Children Alleging Sexual Abuse

Defense counsel should consider requesting an independent mental evaluation of a child alleging sexual abuse in two circumstances.  The first is when the prosecution might seek to introduce through the counselor opinion evidence about rape trauma.  For a discussion of State v. Schumpert, 312 S.C. 502, 435 S.E.2d 859 (1993) and limitations on expert testimony, […]

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Finally Finishing Forensic Interviews? No, but Why and What Comes Next?

“Forensic interviewers might be useful as a tool to aid law enforcement officers in their initial investigative process, but this does not make their work appropriate for use in the courtroom.”  State v. Kromah, 401 S.C. 340, 357 (fn. 5), 737 S.E.2d 490, 499 (fn. 5) (2013).  This ruling, handed down on January 23, 2013, […]

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