Currently Browsing:SC Supreme Court Decision

Michael Lee Robinson v. State (No. 2015-001773) In this PCR case, Robinson was charged with criminal sexual conduct for acts that took place between 1998 and 2000. At the time the alleged acts occurred, criminal sexual conduct with a minor carried a sentencing range of 0-30 years. Subsequently, the statute was amended to increase the

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Marion Bowman v. State (No. 27661) During the sentencing phase of this capital murder case, defense counsel elicited testimony regarding the defendant’s adaptability to the prison environment, in hopes of convincing the jury to impose a life sentence. During one witness’ testimony on this subject, counsel elicited testimony that the defendant would not be going to a “kiddy

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State v. Luzenski Cottrell (No. 27754) Luzenski Allen Cottrell was convicted and sentenced to death by an Horry County jury for the 2002 murder of Myrtle Beach police officer Joe McGarry. At trial, the State alleged that Cottrell shot and killed Officer McGarry during a scuffle outside of a Dunkin Donuts in Myrtle Beach. The

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State v. Andrew Looper (No. 2015-001493) Petitioner was charged with driving under the influence (DUI). At a pretrial hearing before a magistrate, Looper moved to suppress evidence of field sobriety tests and breath analysis, arguing they were the fruits of an unconstitutionally prolonged traffic stop. The magistrate granted Looper’s motion to suppress the evidence and dismissed the

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State v. King (Case No. 2015-001278) In this case, the Supreme Court granted certiorari to expand on the Court of Appeals’ analysis below. The Court of Appeals previously reversed King’s attempted murder conviction based on the trial court’s erroneous instruction that attempted murder does not require a specific intent to kill. The Supreme Court notes

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State v. Shawn Wyatt (Case No. 2016-001303) Kershaw Correctional Institute Officer Joe Schnettler was at his post in a watch tower when he observed a man run from the woods to the fence surrounding the prison. Schnettler watched the man throw eight packages over the fence, and then run back into the woods. During the

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Gonzalez v. State Gonzalez filed a PCR action claiming that his trial attorney had a conflict of interests when he represented Gonzalez at trial. The PCR court denied relief, and the Court of Appeals affirmed that decision. The Supreme Court reverses. The nature of the conflict that Gonzalez identifies is as follows: Gonzalez was charged with

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State v. Miama Kromah Kromah was convicted for (1) infliction of great bodily injury upon a child, and (2) unlawful neglect of a child. On appeal, Kromah claimed that the trial court erred in permitting two State’s witnesses to testify about hearsay conversations that they had with the child victim (the child did not testify

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State v. Cheeks Cheeks was convicted of trafficking crack cocaine. On appeal, Cheeks argues that (1) the search warrant authorized in his case was defective, and (2) the trial judge’s “strong evidence” charge was erroneous. The Court quickly disposes of the search warrant issue, finding no error. Turning to the “strong evidence” charge, the Court

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State v. Rice In this case the Supreme Court considers whether a defendant can appeal from a contested waiver hearing after a guilty plea in general sessions. Rice, a fifteen-year-old was charged several violent crimes. There was a contested waiver from family court to general sessions court, which Rice lost. After the court sent Rice

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