State v. Williams, 2020 S.C. LEXIS 70 (SC Sup. Ct. 2020) Supreme Court of South Carolina October 30, 2019, Heard; May 13, 2020, Filed Opinion No. 27967 2020 S.C. LEXIS 70 The State, Respondent, v. Terry Williams, Petitioner. Counsel: Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Senior Assistant […]
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State v. Young, 2020 S.C. LEXIS 7 (SC Supreme Court 2020) Supreme Court of South Carolina LOSD Summary: This is a really interesting case involving doctrines of mutual combat, regaining innocence, transferred intent, collective liability as accomplice, and more. Also, there’s an interesting dissent arguing against the expansion of mutual combat doctrine into transferred intent
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South Carolina Requests to Charge – Criminal PART I GENERAL INSTRUCTIONS § 1-24 Flight It is improper for the trial judge to instruct the jury on the law of flight. In State v. Grant, 275 S.C. 404, 272 S.E.2d 169 (1980), the Supreme Court of South Carolina held: While an instruction on flight has been
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South Carolina Requests to Charge – Criminal PART I GENERAL INSTRUCTIONS § 1-5 Reasonable Doubt The State has the burden of proving the defendant guilty beyond a reasonable doubt. The State is required to prove every element of the charged offense by evidence which satisfies the jury of the guilt of the defendant beyond a
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South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-19 Alibi The defendant in this case has raised a defense of alibi. That means the defendant was not at the scene of the crime at the time it was committed, but was elsewhere and had nothing to do with it. The word “alibi”
South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-18 Self-Defense – Bad Blood There has been evidence in this case regarding bad blood or ill feelings between the parties. If there is bad blood existing between two citizens, and there have been antecedent threats between them, that would not give either one
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South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-17 Self-Defense – Battered Person’s Syndrome The defendant claims self-defense as a result of battered person’s syndrome. Evidence that the defendant suffers from battered person’s syndrome was admitted for your consideration in connection with the defendant’s claim of self-defense. A battered person is a
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South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-16 Duress/Coercion – Defense The defendant has raised the defense of duress or coercion. To establish duress which will excuse a criminal act, the degree of coercion must be present, imminent, and of such a nature as to induce a well-grounded apprehension of death
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South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-15 Entrapment The defendant in this case has pled the defense of entrapment. Entrapment is defined as the conception and planning of an offense by an officer or other person working with law enforcement agents under some sort of arrangement and his procurement of
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South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-14 Guilty but Mentally Ill The defendant in this case has raised the issue for your consideration of a verdict of guilty but mentally ill. Section 17-24-20(A) of the South Carolina Code of Laws provides: A defendant is guilty but mentally ill if, at
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