Tag Archives: jury instructions

April 3, 2013 South Carolina Court of Appeals published opinions

State v Tynes Tynes was convicted of burglary and other offenses arising out a home invasion robbery. He challenged a traffic stop and the admission of evidence. The panel rejected his arguments and affirmed. It rejected his suppression argument because … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

March 18, 2013 4th Circuit published opinions

United States v Woods Woods was convicted of multiple counts of tax fraud and identity theft. He appealed arguing his right to testify was unreasonably restricted, that a prosecutor’s statement in closing argument that he lied under oath was improper … Continue reading

Posted in Uncategorized | Tagged , , , , | Leave a comment

January 16, 2013 South Carolina Supreme Court published opinions

In the Matter of Charles V.B. Cushman Cushman was a city prosecutor. He allowed certain defendants to have their cases dismissed in exchange for a donation to a city “drug fund’. The chief Justice of South Carolina ordered all unauthorized … Continue reading

Posted in Uncategorized | Tagged , , , , , | Leave a comment

January 2, 2012 South Carolina Court of Appeals published opinions

State v Frazier  Frazier was involved in altercation with a former friend. Shortly thereafter, he said someone in a car shot at him with a rifle. He then ducked behind an SUV and returned fire with a handgun. The shots … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

December 17, 2012 4th Circuit published opinions

Evans v Chalmers Three groups of plaintiffs brought suit against the City of Durham, police officers, the district attorney and others for claims arising out of the mishandled investigation of the Duke Lacrosse rape allegations. The government officials moved to … Continue reading

Posted in Uncategorized | Tagged , , , , , | Leave a comment

December 12, 2012 South Carolina Court of Appeals published opinions

State v Brayboy   At his robbery and kidnapping trial, Brayboy sought to impeach a witness with a prior conviction for possessing a sawed off shotgun. Who used a sawed off shotgun during the robbery was at issue at the … Continue reading

Posted in Uncategorized | Tagged , , , , , , | Leave a comment

November 21, 2012 South Carolina Supreme Court published opinions

Harleysville Mutual Insurance Company v State  In response to an opinion of the Court, the South Carolina legislature enacted a definition of “occurrence” to include faulty workmanship in construction projects. This statute applies to all general commercial insurance contracts past, … Continue reading

Posted in Uncategorized | Tagged , , , , , , , | Leave a comment

October 24, 2012 South Carolina Court of Appeals published opinions

State v Williams Williams was charged with killing his brother. In his own defense, he testified that his brother looked demented, pointed a gun at him, had shot others in the past and came charging towards him. He gave inconsistent … Continue reading

Posted in Uncategorized | Tagged , , , , , | Leave a comment

September 5, 2012 South Carolina Court of Appeals published opinions

Williams v Moore Williams brought suit to determine the border between her property and that of the Moore’s. The land had been conveyed in various portions to various parties starting in 1905. The trial court admitted surveys form unlicensed surveyors … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

August 22, 2012 4th Circuit published opinion

United States v Whitfield Whitfield was charged with attempted bank robbery and home invasion crimes. One count charged he either killed or forcibly detained someone while avoiding arrest. He moved to suppress his statements to police. The trial court ultimately … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment