The landmark case of State v. Belcher held trial judges should not instruct jurors they can infer malice from the use of a deadly weapon when there is evidence that would negate or mitigate the charge of murder. Belcher, however, left open the possibility of trial judges instructing jurors they can infer malice from the […]
In State v. Williams, decided on June 12, 2019, the South Carolina Supreme Court recognized continued confusion surrounding the prosecutions burden of proof in attempted murder cases. Although attempted murder is a specific intent crime, the trial judge, without objection, instructed the jurors that a specific intent is not required to prove attempted murder. As […]
In State v. King, our Supreme Court rejected prosecutors’ contention that attempted murder is a general intent, rather than a specific intent crime. This holding, predictably, resulted from our Court’s review of its precedent and the legislative history of the Sentencing Reform Act of 2010. Prosecutors attempted to equate attempted murder to the common law offense […]
State v. Manning, decided on May 7, 2014 by the Court of Appeals, erodes the protections of our state’s “Protection of Persons and Property Act,” S.C. Code Ann. §16-11-410, et. seq., which is also known as the “Castle Doctrine.” The Court of Appeals narrowly construed the statute only to protect a person when an intruder […]
On April 23, 2014, the South Carolina Court of Appeals decided State v. Battle and ordered a new trial for a man convicted of murder because the trial judge did not instruct the jurors about involuntary manslaughter. Battle testified that the decedent pointed a handgun at him. Battle grabbed the gun, and a struggle ensued. […]
On April 9, 2014, the South Carolina Court of Appeals decided State v. Portillo. Although the Court of Appeals found two types of error, the Court concluded that error was not reversible error in this case. The Court relied on our Supreme Court’s opinion in State v. Kromah and held the trial judge erred in […]
Previous blog posts have reviewed the “History of South Carolina’s Self-Defense Jury Instruction” and explained why “South Carolina’s Self-Defense Jury Instruction is Obsolete and Inadequate.” This post recommends new jury instructions to replace the outdated ones. The following instruction is recommended in homicide cases: A person is justified in using force which is intended or […]
On March 12, 2014, the South Carolina Supreme Court decided State v. Butler, which presented the issue of “whether the trial court erred in refusing to apply a standard requiring the state to disprove self-defense beyond a reasonable doubt at the directed verdict stage.” Our Court denied relief, affirmed the conviction, and explained the difference […]
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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