May 7, 2014 South CArolina Court of Appeals published opinion

State v Manning

Manning moved for immunity under South Carolina’s stand your ground law, South Carolina Code 16-11-410. The trail court denied his motion without holding an evidentiary hearing. Manning was convicted of voluntary manslaughter. The panel affirmed. It held the trial court erred in failing to hold the required evidentiary hearing. However, it also held this error was harmless as immunity was not available under 410 because the victim was a social guest, she was not unlawfully attempting to forcibly enter Manning’s home nor had she forcibly entered his home. The panel affirmed the refusal to give the statutory castle doctrine charge as 410 did not apply and the trial court gave the correct common law charge.

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