Convicted killer's appeal on hold while high court reviews controversial decision not to grant him a new trial...
www.fitsnews.com
South Carolina’s supreme court justices filed an order on Tuesday (August 13, 2024) agreeing to certify the appeal of
Alex Murdaugh’s murder convictions – meaning they will take up the
controversial decision reached back in January to deny Murdaugh a new trial on the basis of alleged jury tampering.
The ruling from the high court came a little over a month after a
motion to certify Murdaugh’s appeal was filed by his attorneys –
Dick Harpootlian,
Jim Griffin,
Phillip Barber and
Maggie Fox. That motion (
.pdf) asked the justices to revisit former S.C. chief justice
Jean Toal’s decision from January denying Murdaugh a new trial – even though he appeared to have met the high bar she established in his case (and even though federal law appears to be on Murdaugh’s side).
According to Murdaugh’s attorneys, Toal erred in denying his motion for a new trial – effectively “ruling that South Carolina courts should disregard (the) binding precedent of the U.S. supreme court.”
...
According to the motion filed by Murdaugh’s counsel, the state supreme court must decide “whether the verdict returned after Mr. Murdaugh’s internationally televised murder trial should be overturned due to unprecedented jury tampering by a state official, the former Colleton County clerk of court.”
The legal principle of major importance the defense is asking the court to consider?
“Whether it is presumptively prejudicial for a state official to secretly advocate for a guilty verdict through
ex parte contacts with jurors during trial, or whether a defendant, having proven the contacts occurred, must also somehow prove the verdict would have been different at a hypothetical trial in which the surreptitious advocacy did not occur,” Murdaugh’s lawyers argued.
In other words,
was the tampering itself enough to warrant a new trial? Or did Murdaugh’s lawyers also need to prove it impacted the outcome of the proceedings?
...