Posts Tagged ‘criminal lawyer’

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 […]

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

A directed verdict is a home run for a defense attorney. It means the defendant doesn’t even have to put on a defense to the charges, because the judge agrees there is not enough credible evidence to convict the defendant. I have been fortunate enough to win a directed verdict in a trial, but for […]

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 […]

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. […]

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 […]