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Representative Cases

Representative South Carolina Criminal Cases

Jack Swerling is a veteran of many memorable courtroom battles. His reputation is grounded squarely in his record of defending the accused in South Carolina’s state and federal courts. While no respectable lawyer would ever guarantee a result, Mr. Swerling does everything possible to avoid a prosecution, seek dismissal of pending prosecutions, or pursue diversion programs and other alternatives. If there is a prosecution, he seeks to negotiate as favorable a plea and sentence as possible or he will personally try the case in court.

His long time philosophy is that unless a lawyer is prepared to try a case, and has a reputation that he will in fact take a case to trial if necessary, the prosecution is less likely to negotiate a favorable outcome for the client.

In recognition of his ability and character, South Carolina criminal law attorney Jack B. Swerling has been selected as a Fellow in the prestigious American College of Trial Lawyers (one of only 70 in the state and limited to five percent of all lawyers nationally), the American Board of Criminal Lawyers (one of only 3 in the state and some 300 nationally), and a Fellow in the International Academy of Trial Lawyers (one of only five in the state and 600 internationally). He is also listed in Naifeh and Smith’s Best Lawyers in America and was named a South Carolina Super Lawyer in the South Carolina Super Lawyer magazine.

Mr. Swerling is also experienced in handling South Carolina state appeals and federal appeals if there is an unfavorable result from one of his trials. Not only does he handle appeals from his own cases, but he is often called on to handle the appeal of individuals in cases where he was not the original trial lawyer. In recognition of his ability and character he was selected as a Fellow in the American Academy of Appellate Lawyers (one of only five lawyers in the state). Below is only a selection of cases Jack Swerling has successfully handled.

Pre Trial Dispositions

  • STATE v. VICKY*
    Obtained dismissal of embezzlement charges against county employee.
  • STATE v. TREYVONTE*
    Obtained dismissal of drug trafficking charges.
  • STATE v. CHRIS*
    Obtained dismissal of DUI and hit and run property charges.
  • STATE v. TREVOR*
    DUI charges dismissed.
  • STATE v. JOSHUA*
    Cocaine charges dismissed.
  • STATE v. MIKE*
    Obtained dismissal of physical assault charges against infant.  Suppressed defendant’s statement.  Expert found that there were no signs of abuse – injuries were from natural causes.
  • STATE v. FOREST*
    Obtained dismissal of attempted murder charge
  • STATE v. LESLEY*
    Obtained dismissal of CDV charges.
  • STATE v. GEOFFREY*
    Obtained dismissal of sexual assault charges.
  • STATE v. JUSTIN*
    Obtained dismissal of manslaughter charge.
  • STATE v. MORGAN*
    Dismissal of armed robbery charges.
  • STATE v. SEAN*
    Dismissal of DUI.
  • STATE v. PETER*
    Dismissal of possession of weapon during violent crime, pointing and presenting, criminal domestic violence of a high and aggravated nature charges.
  • STATE v. MICHAEL*
    Dismissal of robbery and grand larceny charges.
  • STATE v. MARCUS*
    Dismissal of weapon charge.
  • STATE v. DWAYNE*
    Mr. Swerling successfully argued for the dismissal of stalking and unlawful use of telephone charges brought against a prominent businessman in Florence County.
  • STATE v. GRADY*
    Obtained a dismissal of all charges in a pornography case.
  • STATE v. CAROL*
    Obtained a dismissal of a murder charge wherein the wife was accused of killing her husband.
  • STATE v. STEVE*
    Obtained dismissal of arson charges against defendant.
  • STATE v. ZACK*
    Obtained dismissal of murder charges against defendant.
  •  STATE v. IRENE*
    Obtained dismissal of murder charge against defendant.
  • STATE v. MICHAEL*
    Obtained dismissal of murder charge against defendant who was in the military.
  • STATE v. ALLAH*
    Obtained dismissal of murder charge against defendant.
  • STATE v. QUATTLE*
    Obtained dismissal of drug trafficking charges against defendant.
  • STATE v. ROBERT*
    Obtained dismissal of drug charges against defendant.
  • STATE v. GREG*
    Obtained dismissal of drug charges against EMS employee.
  • STATE v. LARRY*
    Obtained dismissal of drug charges against defendant after he completed
    conditional discharge.
  • STATE v. STEVE*
    Obtained dismissal of assault charges against defendant after completion of
    diversion program.
  • STATE v. BRUCE*
    Obtained dismissal of 22 pound marijuana trafficking case against defendant after
    successful completion of conditional discharge.
  • STATE v. SUSAN*
    Obtained dismissal of assault and battery with intent to kill charge against
    defendant.
  • STATE v. EVAN*
    Obtained dismissal of criminal sexual conduct charge against defendant.
  • STATE v. RENALDO*
    Obtained dismissal of lewd act against defendant.
  • STATE v. TINE*
    Obtained dismissal of multiple assault charges against defendant.
  • STATE v. DONALD*
    Obtained dismissal of indecent exposure charges against defendant.
  • STATE v. BRITTANY*
    Obtained dismissal of assault and battery of a high and aggravated nature and
    kidnapping charges against defendant.
  • STATE v. KIM*
    Obtained dismissal of attempted murder charge against defendant.
  • STATE v. HOPE*
    Obtained dismissal of drug charges against defendant.
  • STATE v. WILLIAM*
    Obtained dismissal of drug charges against defendant.
  • STATE v. CHRISTIE*
    Obtained dismissal of drug charges against defendant.
  • STATE v. ALLISON*
    Obtained dismissal of drug charges against defendant.
  • STATE v. SALLY*
    Circuit Judge grants Jack Swerling’s motion to dismiss a murder prosecution under the “Stand Your Ground” law after a two day hearing on the merits
  • STATE v. PETER, STEVE, LEVY, RICHARD, ROBERT, STEPHEN, MICHAEL P. (two times) and MICHAEL C.*
    Successfully obtained dismissal of ten (10) driving under the influence charges. (April – June 2011)
  • STATE v. JAMES*
    Successfully obtained dismissal of grand larceny and burglary charges against the defendant.
  • STATE v. KENDRA*
    Obtained dismissal and expungement of larceny charges after the defendant was accepted into and completed pre-trial intervention.
  • STATE v. THOMAS*
    Obtained dismissal and expungement of aggravated assault charge after the defendant was accepted into and completed pre-trial intervention.
  • STATE v. TERIONTA*
    Obtained dismissal and expungement of drug charges.
  • STATE v. JENNIFER*
    Obtained dismissal and expungement of drug charges after she was accepted into and completed pre-trial intervention.
  • STATE v. RODERICK*
    Obtained dismissal and expungement of criminal conspiracy and lynching charges.
  • STATE v. MICHAEL*
    Obtained dismissal of drug charges.
  • STATE v. STEVEN*
    Successfully obtained dismissal of armed robbery and possession of a weapon during a violent crime against the defendant.
  • STATE v. LOU*
    Successfully obtained dismissal of kidnapping and criminal sexual conduct charges against a businessman.
  • STATE v. AMANDA*
    Successfully obtained dismissal of assault and battery charges against the defendant.
  • STATE v. IAN*
    Successfully obtained dismissal of embezzlement charge against the defendant.
  • STATE v. MANDY*
    Successfully obtained permission to allow lawyer to participate in court diversion program on controlled substance charges. Charge dismissed and expunged.
  • STATE v. ABDELWAHAB*
    Successfully obtained dismissal of lewd act charge against the defendant.
  • STATE v. HARRY*
    Successfully obtained dismissal of lewd act charges against former police officer.
  • STATE v. JERRY*
    Successfully obtained dismissal of lewd act charges against a step-father.
  • STATE v. KYLE*
    Successfully obtained a dismissal of sexual assault charges against a physician.
  • U.S.A. v. DAVID*
    Successfully obtained diversion program for defendant with wire and mail fraud.
  • STATE v. SHEILAINA*
    Obtained dismissal of drug charges.
  • STATE v. CHRISTIAN*
    Successfully obtained dismissal of assault and battery of a high and aggravated nature charge against the defendant.
  • STATE v. GERALD*
    Successfully argued a motion to dismiss a lewd act case due to pre-indictment delay.
  • STATE v. GRADY*
    Successfully obtained a dismissal at preliminary hearing of internet pornography charges brought against a minister.
  • STATE v. JOHN*
    Successfully avoided prosecution of physician suspected of Medicaid fraud.
  • U.S.A. v. JULIA*
    Successfully argued against federal charges in fraud case.
  • U.S.A. v. SANDRA*
    Successfully obtained dismissal of an international warrant for investment fraud.
  • STATE v. PORKY*
    Successfully obtained dismissal of murder charge where the State was seeking the death penalty.
  • U.S.A. v. JEANINE*
    Successfully obtained a diversion program for defendant indicted for mortgage fraud.
  • STATE v. LUKE*
    Successfully assisted a narcotics officer in avoiding prosecution for alleged misconduct in office.
  • STATE v. DAN*
    Successfully obtained dismissal and expungement of assault charges against Deputy Sheriff after he was accepted into and completed pre-trial intervention.
  • STATE v. RUSS*
    Successfully obtained a dismissal of sexual assault charges against a businessman and County Councilman.
  • U.S.A. v. SUSAN*
    Successfully obtained a dismissal of federal tax fraud charges prior to case going to trial.
  • U.S.A. v. WAYNE*
    Successfully negotiated a no prosecution agreement by the federal government.
  • STATE v. CLARENCE*
    Successfully obtained dismissal of criminal sexual assault charges that had been brought against father of child.
  • STATE v. RUBIN*
    Successfully obtained dismissal of sexual assault charges against grandfather of child.
  • STATE v. TESSIE*
    Successfully obtained dismissal of murder charges against wife of deceased. Defendant had been charged with poisoning her husband.
  • STATE v. STEVE*
    Successfully obtained dismissal of murder charges where defendant had been charged with shooting and killing the victim.
  • STATE v. WILLIAM*
    Successfully obtained dismissal of criminal sexual assault charges against step-grandfather of young child.
  • STATE v. JOHN*
    Successfully obtained dismissal of murder charges against defendant who acted in self-defense.
  • STATE v. MICHAEL*
    Successfully obtained a dismissal of a murder charge against an Orangeburg, South Carolina man.
  • STATE v. GREEN*
    Successfully argued motion to sever trials and obtained a dismissal of murder charges against client.
  • STATE v. NAPIER*
    Successfully obtained dismissal of murder charge against defendant after strong alibi established.
  • STATE v. MICHAEL*
    Successfully obtained dismissal of murder charge against the defendant after we established an ironclad alibi defense.

 

* The defendant’s names are withheld to protect client’s identity since all records are expunged. For further details of any case, contact Jack Swerling.

Trials

  • STATE v. TYGER*
    Jack Swerling obtains a not guilty verdict in a criminal sexual conduct case in Beaufort County.
  • STATE v. GARY*
    Jury returns not guilty verdict in sexual assault case after a four (4) day trial in Newberry County. Mr. Swerling successfully argued that the complainant made a false accusation.
  • STATE v. DEVIN*
    Jury returns not guilty verdict in murder trial in Jasper County.
  • STATE v. ALBERT*
    Obtained a not guilty verdict by a Richland County Jury after 8 days of trial.
    Defendant charged with criminal sexual conduct.
  • STATE v. GREG*
    A Clarendon County jury found the defendant not guilty on the charge of Lewd Act.
  • STATE v. ROBERT*
    A Richland County jury found the defendant not guilty on the charge of Criminal Sexual Conduct.
  • STATE v. JASON DICKEY
    Defendant was convicted of voluntary manslaughter, but the Supreme Court ruled that the evidence showed that he acted in self defense, and his conviction was vacated.
  • STATE v. PAUL*
    Obtained a verdict of not guilty by reason of insanity in a case involving a defendant’s assault on several police officers.
  • STATE v. JEFFREY*
    Aiken County Sherrif’s deputy found not guilty on Misconduct in Office and Assault and Battery charges.
  • STATE v. TIMOTHY*
    In a jury trial, a Fairfield County man was found not guilty of assault and battery with intent to kill in shooting of another man.
  • STATE v. ANTONIO*
    The defendant was charged with murder allegedly arising out of a gang related incident. A York County jury returned a not guilty verdict.
  • STATE v. JOHN DOE*
    The defendant was charged with murder and accessory after the fact of murder. The case was called for trial and Mr. Swerling argued that his client’s trial should be severed or separated from that of the co-defendant who, without provocation, shot an individual and then jumped into the defendant’s car and told him to drop him off at his girlfriend’s house. Out of fear, the defendant dropped him off and went home without calling the police. The judge granted Mr. Swerling’s motion after which the state dismissed all charges against the defendant. The shooter went to trial, was convicted of murder, and sentenced to life without parole.
  • STATE v. JOHN DOE*
    Mr. Swerling was successful in persuading the state to dismiss lewd act charges against one of his clients prior to trial.
  • STATE v. McKOWN
    The Coroner of York County, South Carolina was found not guilty by a jury of distribution of cocaine, conspiracy to distribute cocaine and possession of cocaine.

  • U. S.A. v. COTE
    The defendant was charged with possession of pornography from the Internet. Mr. Swerling was successful in arguing for an eleven-level variance from the guidelines, resulting in a guideline sentence of thirty-six  months being reduced to probation.
  • STATE v. JOHN DOE*
    Chief of Police was found not guilty by a jury of election fraud, obstruction of justice, misconduct in office, and intimidation of a witness.
  • STATE v. JOHN DOE*
    The defendant, a deputy sheriff, was charged with murder arising out of the death of a suspect while deputies attempted to arrest him. The defendant was found not guilty after a jury trial.
  • STATE v. JOHN DOE*
    The defendant was found not guilty of murder by a jury, based on self-defense.
  • STATE v. JOHN DOE*
    Deputy sheriff found not guilty by a jury in a drug trafficking conspiracy.
  • STATE v. HOLLIS
    The defendant was charged in a double homicide. Guilt was conceded and we argued for a life sentence as an alternative to the death penalty. The jury returned a life sentence. This was only the second time a jury returned a life sentence in a capital murder case in Lexington County, South Carolina.
  • STATE v. BECKHAM
    The defendant was found guilty of murder. We presented excellent mitigating evidence and persuasively argued for a life sentence as an alternative to the death penalty. The jury sentenced the defendant to life.
  • U. S.A. v. JOHN DOE*
    A prosecutor was tried for perjury and was found not guilty.
  • U.S.A. v. JOHN DOE*
    A prosecutor was charged with possession of drugs and we were successful in having the search warrant thrown out and the evidence suppressed. The case was later dismissed.
  • STATE v. ODOM
    The defendant, a former prosecutor, was charged with solicitation of a minor over the Internet. We successfully argued that the evidence should be suppressed.
  • STATE v. JOHN DOE*
    The defendant, a police officer, was charged with murder after shooting a fleeing suspect. The defendant was found not guilty after a jury trial.
  • STATE v. JOHN DOE*
    The defendant was found not guilty of murder after the presentation of evidence that the shooting was accidental.
  • STATE v. JOHN DOE*
    A jury found the defendant not guilty of murder by a jury. The defendant was a motel owner and shot an intruder.
  • STATE v. JANE DOE*
    The defendant was charged with the murder of her boyfriend. We successfully argued self-defense using the Battered Wife Syndrome and the defendant was found not guilty after a jury trial.
  • STATE v. JANE DOE*
    The defendant was charged with the murder of her husband. We successfully argued self-defense using the Battered Wife Syndrome and the defendant was found not guilty after a jury trial.
  • STATE v. JANE DOE*
    The defendant was charged with the murder of her husband. We successfully argued self-defense using the Battered Wife Syndrome and the defendant was found not guilty after a jury trial.
  • STATE v. JANE DOE*
    The defendant was charged with the murder of her husband. We successfully argued self-defense using the Battered Wife Syndrome and the defendant was found not guilty after a jury trial.
  • STATE v. JANE DOE*
    The defendant was charged with the murder of her husband. We successfully argued self-defense using the Battered Wife Syndrome and the defendant was found not guilty after a jury trial.
  • STATE v. JANE DOE*
    The defendant was charged with the murder of her husband. We successfully argued self-defense using the Battered Wife Syndrome and the defendant was found not guilty after a jury trial.
  • STATE v. JANE DOE*
    The defendant was acquitted of murder by a jury based on the Battered Woman Syndrome and self-defense.
  • STATE v. JANE DOE*
    The defendant was found not guilty of murder by a jury based on self-defense.
  • STATE v. JANE DOE*
    The defendant was charged with the murder of her husband. We successfully argued self-defense using the Battered Wife Syndrome and the defendant was found not guilty after a jury trial.
  • STATE v. JOHN DOE*
    The defendant was charged with murder. We successfully presented a defense of self-defense and the defendant was found not guilty after a jury trial.
  • STATE v. JOHN DOE*
    The defendant was charged with murder. We successfully presented evidence and argued that the defendant did not kill the victim and the defendant was found not guilty after a jury trial.
  • STATE v. JOHN DOE*
    The defendant, the owner of a nightclub, was charged with the murder of a patron. We presented an alibi defense, and a defense relating to the time of death and the defendant was found not guilty after a jury trial.
  • STATE v. JOHN DOE*
    The defendant, a store owner, was charged with manslaughter, arising out of the sale of alcohol to a minor resulting in an auto fatality. We successfully presented evidence and argued that the alcohol was sold from another store. The defendant was found not guilty after a jury trial.
  • STATE v. JOHN DOE*
    Two individuals outside a nightclub attacked the defendant, a correction officer. After a high-speed chase, he was run off the road. The two individuals then approached him in an aggressive manner at which time he shot and killed both. The defendant was found not guilty after a jury trial. This is one of the seminal self-defense cases in South Carolina and is often cited in court opinions.
  • STATE v. JOHN DOE*
    The defendant was indicted for trafficking in marijuana after being discovered in a marijuana field containing hundreds of mature plants. The state contended the field was owned and cultivated by the defendant. The defendant was found not guilty of trafficking and found guilty of only simple possession of marijuana for a marijuana leaf that was discovered in his pocket. He claimed he innocently came upon the field, and took some. He received a $200 fine instead of a mandatory 25 years had he been convicted of trafficking.
  • STATE v. JOHN DOE*
    The defendant was found not guilty of murder based on the presentation of an alibi defense.
  • STATE v. JOHN DOE*
    The defendant was found not guilty of murder by a jury after presentation of self-defense evidence.
  • STATE v. JOHN DOE*
    The defendant was found not guilty of murder by a jury based on a presentation of self-defense.
  • U.S.A. v. JANE DOE*
    The defendant was charged with kidnapping her natural born son after her parental rights were terminated. We successfully argued that the federal kidnapping statute was inapplicable. The case was dismissed. Upheld on appeal.
  • U.S. A. v. JOHN DOE*
    The defendant was charged with possessing a weapon on school grounds during a shooting. We successfully argued that the federal statute was unconstitutional. The case was dismissed after the appellate courts also found the federal statute unconstitutional in a related case.
  • STATE v. JOHN DOE*
    DSS caseworker found not guilty of failing to report AIDS infection in a minor to protect the minor’s identity as he was dying.
  • U.S.A. v. JOHN DOE*
    The defendant was indicted under the federal gambling laws. The defendant was the lead defendant in an indictment against video poker operators. We successfully argued that the defendants were not in violation of the federal gambling statute. The case was dismissed.
  • STATE v. JANE DOE*
    The defendant was found not guilty in the murder of her husband after a jury trial.
  • STATE v. JOHN DOE*
    The defendant was charged with three counts of vehicular homicide. The victims were highway construction workers and were struck by the defendant’s vehicle. We presented a defense that the defendant had a seizure right before impact, and was therefore not criminally responsible. The defendant was found not guilty after a jury trial.
  • STATE v. JOHN DOE*
    A jury found the defendant not guilty of murder after shooting the victim in self-defense.
  • STATE v. JOHN DOE*
    An all white jury acquitted an African American defendant in a high profile interracial sexual assault case in Lexington, South Carolina.

* The Defendant’s name is withheld to protect the client’s identity since all records were expunged. For further details on any case, contact Jack Swerling.

Appeals

  • STATE v. GLENN LEE
    Criminal Sexual Conduct conviction overturned by South Carolina Court of Appeals.
  • STATE v. FULLER
    A murder conviction was reversed on faulty self-defense jury instructions. This is the leading self-defense case in South Carolina on self-defense jury instructions.
  • STATE v. SUMMERSETT
    Defendant’s murder conviction reversed due to the admission of improper evidence.
  • STATE v. DIAMOND
    A drug conviction was reversed. The court held that the trial judge erred in failing to require the state to disclose a confidential informant. This was the first case in South Carolina where it was held the informant must be disclosed and the case is still cited for that principle.
  • STATE v. BLACKMON
    The defendant’s conviction for illegal gambling was reversed. The Supreme Court held that video poker was not unlawful, opening the way for the video poker industry to flourish for a number of years. This ruling allowed the video poker operators and in turn the South Carolina Department of Revenue to take in hundreds of millions of dollars in revenue until video poker was eventually made unlawful by the legislature.
  • STATE v. KIMBRELL
    A cocaine trafficking conviction was reversed on faulty jury instructions on “mere presence.” This is the seminal case in South Carolina on the mere presence defense.
  • STATE v. REESE
    A murder conviction was reversed based on improper jury argument.
  • STATE v. DOUGLAS
    A murder conviction was reversed on the introduction of improper insurance evidence. The Supreme Court later reversed the case.
  • STATE v. McCASKILL
    A murder conviction was reversed on faulty self-defense/accident instructions.
  • STATE v. LEE
    A conviction for knowingly avoiding, attempting to avoid, or causing another to avoid lawful charges for telephone service was reversed by the South Carolina Supreme Court. The Court held that conduct by the defendant did not constitute a crime and a motion for a directed verdict of acquittal should have been granted.
  • STATE v. CLIFTON
    The South Carolina Supreme Court reversed a conviction for possession with intent to distribute a controlled substance.
  • STATE v. LEONARD
    A conviction for reckless homicide arising out of an automobile collision was reversed by the South Carolina Supreme Court, with the Court holding that the jury should have been charged that the identity of the driver had to be first determined before attempting to determine the guilt of two defendants for reckless homicide, and the jury should not have been instructed on the doctrine of accomplice liability.
  • STATE v. WILLIAMS
    The South Carolina Supreme Court reversed a conviction for two counts of felony driving under the influence on the grounds that the chain of custody for the defendant’s blood test was fatally defective.
  • STATE v. CUNNINGHAM
    The South Carolina Supreme Court reversed a conviction for assault and battery of a high and aggravated nature.
  • STATE v. LOGAN
    The South Carolina Supreme Court reversed a conviction for various cocaine offenses on the grounds that the trial judge erroneously instructed the jury that a defendant’s mere presence or mere association with people who possessed controlled substances was sufficient proof that the defendant himself possessed the controlled substance or was a member of the conspiracy. The Court further held that the traffic stop and subsequent pat-down search of the defendants was unlawful.
  • U.S.A. v. LONG
    The United States Court of Appeals for the Fourth Circuit reversed a Hobbs Act conviction in connection with Operation Lost Trust based on a fatally defective jury instruction.
  • STATE v. GOODWIN AND FAIREY
    This is the leading case in South Carolina setting forth what the responsibilities of a lawyer are when a client intends to commit perjury during the course of a legal proceeding.
  • U.S.A. v. SHEEK
    The United States Court of Appeals for the Fourth Circuit upholds the district judge’s favorable ruling dismissing a kidnapping indictment against Ms. Sheek.
  • U.S.A. v. LONG
    In a second appeal arising out of the Operation Lost Trust sting operation against the South Carolina Legislature, the U. S. Court of Appeals for the Fourth Circuit affirms the district judge’s ruling that the defendant Long was entitled to a new trial, where tapes were taken into the jury room which had been conditionally admitted as evidence of a conspiracy. The tapes became impermissible hearsay when the Court granted an acquittal on the conspiracy count.
  • STATE v. CROSBY
    The Court of Appeals of South Carolina reversed the defendant’s conviction for criminal sexual conduct in the first degree and burglary in the first degree based upon the erroneous admission of improper character evidence and the improper admission of evidence of other bad acts.
  • CARTER v. TRAVIS MEDLOCK, ATTORNEY GENERAL OF SOUTH CAROLINA
    The United States Court of Appeals for the Fourth Circuit decided that the Double Jeopardy Clause of the United States Constitution barred a retrial of the defendant Jimmy Carter in the South Carolina State Court.
  • STATE v. LEWIS
    The defendant’s conviction for molestation charges was reversed and remanded for a new trial on the grounds that the defendant’s rights under the Sixth Amendment Confrontation Clause were violated.
  • STATE v. HUGGINS
    The Supreme Court of South Carolina reversed the defendant’s convictions for voluntary manslaughter and criminal conspiracy. The convictions were reversed due to the prosecutor’s remarks made during closing arguments, and because an inadequate self-defense charge deprived the defendant of a fair trial.
  • STATE v. MULLINS
    The state appealed a trial judge’s favorable ruling suppressing evidence of the defendant’s blood test. The Supreme Court of South Carolina affirmed the trial judge holding that the blood sample was improperly taken. The Court held that the coroner was not authorized to order blood from a live person after the defendant refused the blood test under the state’s Implied Consent Statute.
  • STATE v. NELSON
    The Supreme Court of South Carolina reversed the conviction of the defendant for criminal sexual conduct in the first degree based on the erroneous admission of certain physical evidence and the improper admission of certain post-arrest statements by the defendant.
  • STATE v. SALTZ
    The defendant’s conviction for murder was reversed based on the erroneous application of Rule 801 (d)(1)(B) of the South Carolina Rules of Evidence dealing with prior consistent statements.
  • STATE v. PARKER
    The defendant’s conviction for lewd act was reversed on the erroneous admission of other act evidence under Rule 404(b) of the South Carolina Rules of Evidence.
  • STATE v. McCLUNEY
    The South Carolina Court of Appeals reverses the defendant’s conviction for trafficking in cocaine on the basis that the court should have granted a directed verdict on the grounds that the substance was imitation cocaine. The South Carolina Supreme Court later reversed the case.
  • THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES v. ALMEIDA
    The defendant successfully appealed a Family Court order permanently enjoining her child daycare facility from operating. The Family Court Judge’s order, which imposed the permanent injunction, was vacated. This was collateral to a criminal proceeding arising out of the operation of the daycare facility.

 

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  • Columbia Office
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    Columbia, South Carolina 29201-2850
    Phone: 800-701-0599
    Fax: 803-799-4059