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 […]
On November 12, 2014, the South Carolina Supreme Court decided Aiken et. al. v. Byars, holding life without parole sentences for crimes committed by juveniles are unconstitutional, unless the sentencing court convened a sentencing hearing and considered all mitigating circumstances, as mandated by the Supreme Court of the United States in Miller v. Alabama. Charles Grose […]
In 2002, the Supreme Court of the United States decided Atkins v. Virginia, 536 U.S. 304, (2002), holding it violates the Eighth Amendment to execute a person with intellectual disabilities, also know as mental retardation. Last week, the Supreme Court of the United States decided Hall v. Florida, Case No. 12-10882 (May 27, 2014), recognizing […]
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. […]
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of South Carolina’s Self-Defense Jury Instruction” and explained why “South Carolina’s Self-Defense Jury Instruction is Obsolete and Inadequate.” This post recommends new jury instructions to replace the outdated ones.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 […]
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 […]
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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