Posts Tagged ‘Criminal Law’

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 […]

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 […]

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, […]

March 20th, 2013 | by jim-courtney-administrator

In a Court of Appeals case filed this week in South Carolina, there is a good discussion of why a defendant my be entitled to a directed verdict with regard to a particular charge. In this particular case, the defendant had been convicted of lynching, conspiracy, and pointing and presenting a firearm in York County. […]

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

There is an interesting case this month from the South Carolina Court of Appeals regarding court ordered phone intercepted communications, commonly referred to as a “wire tap.” In this case, State of South Carolina v. Francisco Guerrero-Flores, Appellate Case No. 2012-212-46, the defendant is appealing a motion to suppress the contents of the intercepted communications […]

February 26th, 2013 | by jim-courtney-administrator

A recent South Carolina Court of Appeals case shows to highlight an area of criminal law that routinely baffles the layman: Rule 403, SCRE which states that relevant evidence “may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by […]

February 20th, 2013 | by jim-courtney-administrator

Ok, it’s been all over the news lately: Oscar Pistorius, the athlete without legs who shot his girlfriend through the locked bathroom door. He is claiming he thought that it was a burglar when he shot her four times and killed her. First off, saying nothing is usually better than talking. In the stress of […]

May 19th, 2010 | by jim-courtney-administrator

Most people do not understand the difference between a DUI and DUAC, I will attempt to explain both to help you understand the subtle differences.