SC Supreme Court Rejects Domestic Violence Equal Protection Claim

State v. Elias Walker (No. 27763)

In this appeal, the defendant argues that his ineligibility for early parole under 16-25-90 violates his constitutional right to equal protection. The applicable statute permits an offender to receive early parole for their crime against a “household member” if their attorney presents credible evidence of ” a history of criminal domestic violence . . . suffered at the hands of the household member.”¬†Walker, who killed his father, argues that he is entitled to the same consideration under the law that other “household members” are, pursuant to this statute.

The Supreme Court rejects this argument, noting that Walker has failed to mount a valid equal protection claim, holding that “Walker is not similarly situated to other domestic violence victims included in the definition of a household member.”

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