Posts Tagged ‘summerville lawyer’

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 […]

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 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 […]

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

In the latest South Carolina Supreme Court case, we find an appeal of a conviction based on ineffective assistance of counsel. Most people, including lawyers, do not understand what is involved with an appeal of this type. That is because there are virtually no lawyers who will just sit there and let their client be […]

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 […]