Posts Tagged ‘charleston lawyer’

February 5th, 2014 | by jim-courtney-administrator

Many people don’t understand the differences between murder and involuntary manslaughter. After all, in both cases someone has been killed, and someone else caused the death. However, there are important differences that can be illuminated through the examination of a recent case in the South Carolina Court of Appeals. In this case, which is an […]

October 16th, 2013 | by jim-courtney-administrator

Many people think that if a person is on trial, they must have done it. They also think that if the state is going to the trouble of trying a case, they must have the goods on the defendant. These are false assumptions, and also opposite of what the legal system must assume when someone […]

August 22nd, 2013 | by jim-courtney-administrator

Many people are familiar with the concept that police officers cannot keep a person pulled over for an unreasonable length of time without a good reason. However, that is an unreasonable length of time and what is a good reason are both concepts that are open to interpretation. A recent case in the South Carolina […]

July 12th, 2013 | by jim-courtney-administrator

Most people in South Carolina don’t know that police have to video field sobriety tests and the breath test, except in certain limited circumstances. This is to protect citizens from officers who might not recall the results of such tests accurately or might use incorrect procedures during the tests. A recently decided Court of Appeals […]

June 24th, 2013 | by jim-courtney-administrator

Forfeiture of a vehicle that had been used in drug activity always gets people’s attention, and for good reason. The prevailing myth is that if you are caught with a joint in your car, the police can seize your car and sell it and use the money for themselves. In South Carolina, that is not […]

June 3rd, 2013 | by jim-courtney-administrator

On May 22, 2013 The Supreme Court of South Carolina found unconstitutional a provision in §23-3-540(C) and (H), commonly known as Jessica’s Law. That law mandates that “when an individual has been convicted of engaging in or attempting criminal sexual conduct with a minor in the first degree (CSC-First) or lewd act on a minor, […]

May 15th, 2013 | by jim-courtney-administrator

In a recent case heard in the South Carolina Court of Appeals, an interesting concept has come up. It is the idea that if you are held in contempt by the court for a certain action, that double jeopardy attaches and you cannot be prosecuted for the same crimes that you were found in contempt […]

May 10th, 2013 | by jim-courtney-administrator

In an opinion filed this week in the South Carolina Supreme Court (Opinion No. 27250), we see the benefits and the pitfalls of a defendant pleading guilty in an “Alford” plea. For those who are not familiar with what that is, basically it is a plea bargain where the defendant’s position is that he wants […]

April 17th, 2013 | by jim-courtney-administrator

In a recent case in the South Carolina Court of Appeals, an interesting point of law came up that I thought I would share on vindictive prosecution. As a former prosecutor, I can’t count the number of times defendants accused me of this, and many actually believe it when they accuse a prosecutor of this, […]

April 10th, 2013 | by jim-courtney-administrator

A recent Court of Appeals case highlights an area of evidence that is often overlooked. In the case of State v. Mario Tynes, (Appellate Case No. 2010-162946), the defendant was arrested after Horry County Police pulled over the vehicle he was in after a citizen had called in saying a vehicle matching that vehicle’s description […]