State v. Davis — Uninvestigated juror communication requires new trial
The Court of Appeals reversed a murder conviction because the trial court failed to question a juror after credible evidence of discussions with an outsider.
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Criminal Procedure
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State v. Lee — Trial Court Must Inquire Into Accommodations Before Excusing Hearing-Impaired Juror
The South Carolina Court of Appeals reversed and remanded Kendrick Lee’s ABHAN conviction and life-without-parole sentence, holding that the trial court erred by excusing the only Black prospective juror based on a hearing impairment without first conducting an individualized inquiry into whether reasonable accommodations could have enabled that juror to render efficient service, as required by the ADA and S.C. Code Ann. § 14-7-1020.
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State v. Redding — Conviction Reversed; Circumstantial Evidence Raised Only Suspicion of Guilt
The South Carolina Court of Appeals reversed Brian Redding’s murder conviction, holding the circuit court erred in denying his directed verdict motion because the State’s wholly circumstantial case—comprising a difficult relationship, theoretical access to the murder weapon, a clothing change, and trace gunshot-residue on shorts—raised only a suspicion of guilt rather than substantial circumstantial evidence, particularly in light of Redding’s corroborated alibi and innocent explanations for each item of State’s evidence.
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State v. Eberhart — GPS Data from Private Bond Company Requires Warrant; Admission Harmless
The South Carolina Court of Appeals held that a criminal defendant wearing a private bond company’s GPS ankle monitor retains a reasonable expectation of privacy in that location data under the Fourth Amendment and Article I, Section 10 of the South Carolina Constitution, requiring a warrant; though the trial court erred in admitting the warrantlessly obtained GPS data, the error was harmless given the victim’s in-court identification, the stolen moped evidence, and the victim’s debit card found on the defendant at arrest.
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State v. Manigo — SC Court of Appeals Dismisses Pretrial Detainee’s Appeal of Order Releasing Jail Phone Calls as Non-Appealable Interlocutory Order
The South Carolina Court of Appeals dismissed a pretrial detainee’s appeal of a circuit court order releasing his jail telephone calls to the media, holding the order was non-appealable as interlocutory, and reaffirming that South Carolina requires evidence of actual juror bias rather than presumed prejudice from pretrial publicity.