Opinions from the South Carolina Supreme Court

sc-supreme-court

On August 19th, the South Carolina Supreme Court published two opinions in State v. Harris and State v. Johnson.

In State v. Harris, Petitioner was convicted of criminal solicitation with a minor. The Court affirmed the court of appeals’ decision which had affirmed the circuit court’s decision denying petitioner’s directed verdict motion. The State presented direct evidence that petitioner communicated with a person he believed to be a minor with the intent to entice her to engage in sexual activity. Further, petitioner’s statement that he only meant to teach Amy “a lesson” created a jury question whether petitioner had the requisite intent to entice Amy to engage in sexual activity. The Court held that offense of Criminal Solicitation of a Minor is complete when the defendant knowingly contacts or communicates with the minor, or a person he believes to be a minor, with the intent to entice her to engage in sexual activity.

State v. Johnson was a criminal appeal where the Court reversed the court of appeals and held that the trial judge’s credibility determination precluded a finding that Respondent unequivocally invoked her right to counsel during custodial interrogation.

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