August 2015
Confrontation Clause
S.C. Code Section 17-23-175, which permits the admission of a child’s videotaped forensic interview under certain circumstances, does not violate the Sixth Amendment’s Confrontation Clause.
State v. Anderson, Op. No. 27558 (S.C. Sup. Ct. filed August 5, 2015) (Shearouse Adv. Sh. No. 30 at 39).
July 2015
“Knock and talk”
Law enforcement must have a reasonable suspicion of illegal activity before approaching the targeted residence and conducting the “knock and talk” investigative technique.
State v. Counts, Op. No. 27546 (S.C. Sup. Ct. filed July 8, 2015) (Shearouse Adv. Sh. No. 26 at 75).
June 2015
Ineffective assistance of counsel
Although a defendant may waive his right to collateral review, he is nevertheless still entitled to challenge whether the advice he received in agreeing to that waiver was constitutionally defective. In this case, the S.C. Supreme Court further expressed its concern with the ethical implications of a waiver of ineffective assistance of counsel claims especially when the defendant enters into the agreement prior to a trial, which allows significantly more potential for error than a guilty plea.
Sanders v. State, Op. No. 27531 (S.C. Sup. Ct. filed June 17, 2015) (Shearouse Adv. Sh. No. 23 at 18).
November 2014
Eighth Amendment
The principles enunciated in Miller v. Alabama apply retroactively and prospectively to all juvenile offenders who may be subject to life imprisonment without the possibility of parole.
Aiken v. Byars, Op. No. 27465 (S.C. Sup. Ct. filed November 12, 2014) (Shearouse Adv. Sh. No. 45 at 45).
Fourth Amendment
If the ultimate Fourth Amendment violation that a criminal defendant seeks to vindicate is a trespass under United States v. Jones, the defendant must demonstrate that he had an actual and reasonable expectation of privacy in the area upon which the police illegally trespassed.
State v. Robinson, Op. No. 27463 (S.C. Sup. Ct. filed November 12, 2014) (Shearouse Adv. Sh. No. 45 at 31).
October 2014
Post-Conviction Relief
When a PCR applicant seeks relief on the basis of newly discovered evidence following a guilty plea, relief is appropriate only where the applicant presents evidence showing that: (1) the newly discovered evidence was discovered after the entry of the plea and in the exercise of reasonable diligence, could not have been discovered prior to the entry of the plea; and (2) the newly discovered evidence is of such weight and quality that, under the facts and circumstances of that particular case the “interest of justice” requires the applicant’s guilty plea to be vacated.
Jamison v. State, Op. No. 27454 (S.C. Sup. Ct. filed October 22, 2014) (Shearouse Adv. Sh. No. 42 at 12).
September 2014
Missing Witness Rule
A party’s invocation of the missing witness rule should be limited to fact witnesses and should not be applied to opinion witnesses, particularly psychiatric experts. The S.C. Supreme Court reiterated the fact that witnesses must be under the control of the party failing to call them (e.g. an agent, employee, relation or associate).
In the Matter of the Care and Treatment of Gonzalez, Op. No. 27443 (S.C. Sup. Ct. filed September 3, 2014) (Shearouse Adv. Sh. No. 35 at 31).
May 2014
Sentencing
When the Department of Corrections (Department) decides its original recordation of a sentence is erroneous, it must afford the inmate formal notice of the amended sentence and advise him of his opportunity to be heard through the grievance procedure. Further, the Department is generally confined to the face of the sentencing sheets in determining the length of a sentence, but may refer to the sentencing transcript if there is an ambiguity in the sentencing sheets.
Tant v. SCDOC, Op. No. 27392 (S.C. Sup. Ct. filed May 28, 2014) (Shearouse Adv. Sh. No. 21 at 32).
February 2014
Search incident to a lawful arrest
The trunk of a vehicle may be considered part of the passenger compartment and may therefore be searched pursuant to a lawful arrest when the trunk is reachable without exiting the vehicle.
Robinson v. State, Op. No. 27357 (S.C. Sup. Ct. filed February 26, 2014) (Shearouse Adv. Sh. No. 8 at 25).