Currently Browsing:Guilty Plea

SC Supreme Court Grants Relief to Deported Jamaican Citizen

Gregg Taylor v. State (No. 2015-001118) This is a post-conviction relief (PCR) matter in which Petitioner Gregg Taylor, a Jamaican citizen, pled guilty to a drug offense. Taylor resided in South Carolina for years with his wife and two children, all three of whom are United States citizens. In plea negotiations, Taylor’s primary concern was whether

Read More

SCOTUS: Guilty Plea Doesn’t Bar a Defendant from Challenging the Constitutionality of his Statute of Conviction

Class v. United States (No. 16-424) A federal grand jury indicted petitioner, Rodney Class, for possessing firearms in his locked jeep, which was parked on the grounds of the United States Capitol in Washington, D. C. Appearing pro se, Class asked the District Court to dismiss the indictment. He alleged that the statute, §5104(e), violates

Read More

SC Supreme Court Reverses Denial of PCR in Criminal Sexual Conduct Case

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

Read More

Fourth Circuit: Peer-to-Peer File Sharing is “Distribution” of Child Pornography per 18 USC §2252A

United States v. Dean Stitz (No. 16-4813) The defendant was convicted for distributing child pornography after making files available for download on a peer-to-peer file sharing network. On appeal, he argues that the district court erred in finding a factual basis for his guilty plea, because he lacked specific intent to distribute child pornography. The

Read More

SC Supreme Court: Juvenile Waiver Hearings Not Appealable After Guilty Plea

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

Read More

Nav Map