March 2016
Reasonable Suspicion to Detain
The Court stated that “a person's proximity to criminal activity, without more, cannot establish reasonable suspicion to detain that individual. Taken to its logical conclusion, the erosion of an individual's Fourth Amendment right would necessarily accompany his or her misfortune of living in an area plagued by crime.”
State v. Anderson, Op. No. 27609. (S.C. Sup. Ct. filed March 2, 2016) (Shearouse Adv. Sh. No. 9 at 19)
Forensic Interviewers
The Court noted that although State v. Anderson, 413 S.C. 212, 776 S.E.2d 76 (2015), offered cautionary advice, it did not prohibit outright the practice of qualifying the forensic interviewer who conducted the alleged victim’s forensic interview as an expert in child abuse assessment.
State v. Barrett, Op. No. 5395 (S.C. Ct. App. filed March 23, 2016) (Shearouse Adv. Sh. No. 12 at 74)
February 2016
Terry Stop and Frisks
In this West Virginia case, the U.S. Court of Appeals stated that reasonable suspicion that a person is armed does not by itself give rise to reasonable suspicion that the person is dangerous for Terry purposes. “Where the state legislature has decided that its citizens may be entrusted to carry firearms on public streets, we may not make the contrary assumption that those firearms inherently pose a danger justifying their seizure by law enforcement officers without consent.” The court found that in the absence of an “objective indication of danger,” a frisk might not be justified.
United States v. Robinson, No. 14-4902, Decided February 23, 2016 (4th Cir.)
November 2015
Possession, Manufacture or Trafficking of Methamphetamine
A second offense under section 44-53-375 (B) which addresses the possession, manufacture or trafficking of methamphetamine is no longer a no-parole offense and therefore the 85 percent provision of 24-13-150 no longer applies.
Bolin v. SCDC, Op. No. 5361 (S.C. Ct. App. filed November 12, 2015) (Shearouse Adv. Sh. No. 43 at 75)
August 2015
Criminal Solicitation of a Minor
The 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 him or her to engage in sexual activity.
State v. Harris, Op. No. 27564 (S.C. Sup. Ct. filed August 19, 2015) (Shearouse Adv. Sh. No. 32 at 12).
April 2015
Attempted Murder
Specific intent to commit murder is an element of attempted murder.
State v. King, Op. No. 5313 (S.C. Ct. App. filed April 22, 2015) (Shearouse Adv. Sh. No. 16 at 37).
December 2015
DUI
S.C. Code Section 56-5-2953 does not require dismissal of a DUI charge when the video recording of an incident briefly omits a suspect if that omission does not occur during any events that either create direct evidence of a DUI or serve important rights of the defendant.
State v. Taylor, Op. No. 5285 (S.C. Ct. App. filed December 23, 2014) (Shearouse Adv. Sh. No. 51 at 46), is available online.
June 2014
DUI
A videotape from a breath test site that lacks the audio portion of the reading of Miranda rights and the informed consent law does not satisfy the requirements of S.C. Code Ann. Sec. 56-5-2953(A)(2) (2006).
State v. Sawyer, Op. No. 27393 (S.C. Sup. Ct. filed June 4, 2014) (Shearouse Adv. Sh. No. 22 at 24).
April 2014
DUI
When conducting a Horizontal-Gaze Nystagmus test, an individual’s head must be shown in the video recording for the sobriety test to be properly recorded under S.C. Code Ann. Sec. 56-5-2953(A).
State v. Gordon, Op. No. 5226 (S.C. Ct. App. filed April 23, 2014) (Shearouse Adv. Sh. No. 16 at 71).
The Gambling Cruise Act
The Gambling Cruise Act does not authorize the Catawba Indian Nation to offer video poker on its reservation in contravention of the existing statewide ban on video gambling devices.
Catawba Indian Nation v. State, Op. No. 27374 (S.C. Sup. Ct. filed April 2, 2014) (Shearouse Adv. Sh. No. 13 at 37).
March 2014
Homicide by child abuse
A trial court has no power to suspend a sentence imposed on a person convicted of homicide by child abuse under S.C. Code Section 16-3-85(A)(1).
Richardson v. State, Op. No. 5212 (S.C. Ct. App. filed March 26, 2014) (Shearouse Adv. Sh. No. 12 at 95).