A Serious Case With A Big Outcome For The Defense

The South Carolina Supreme Court is truly a court that does take the appellant process serious!
In a unanimous decision the court held that a trial court cannot instruct the jury to include a
lesser included crime unless the facts truly warrant it. Here, according to the Supreme Court of
South Carolina, there was no evidence that the Defendant acted in the “heat of passion” which
is an element of the charge of Voluntary Manslaughter”. “Voluntary manslaughter is the unlawful
killing of a human being in sudden heat of passion upon sufficient legal provocation.” State v.
Walker, 324 S.C. 257, 260, 478 S.E.2d 280, 281 (1996).
A lesser include crime/charge means is a crime for which all of the elements necessary to impose
liability are also elements found in a more serious crime. Here, in the case attached below would
be murder and manslaughter. Murder is the most of serious and manslaughter being less of the
serious (hence a lesser included crime).
The Court went on further to hold:

 due to the error in granting the solicitor’s request for a voluntary

 manslaughter charge, [Cook] will not have to face a jury of his peers
 on the charge of murder again. This is a cautionary tale for solicitors
 as to the pitfalls of requesting a potential “compromise” charge which
 is unsupported by the evidence.

State v. Cooley, 342 S.C. 63, 70, 536 S.E.2d 666, 670 (2000).
Cases such as the one at hand are those that truly make or break the defense. Look at this case
closely and reach your own decision. A trial judge and a solicitor both thought the facts
warranted to charge of Voluntary Manslaughter. However, the five Justices and Defense Counsel
disagreed. Another case that highlights just how important it is to have a seasoned attorney at
all stages of your legal matter.

Glenn Law Firm, LLC

6650 Rivers Ave
North Charleston, South Carolina 29406
www.glennlawfirm.net