Strickland Appeal Affirmed

 

According to the South Carolina Judicial Department, the Court of Appeals affirmed the lower court's decision in State v. Perry Keith Strickland. Strickland was previously convicted of voluntary manslaughter and ABHAN (assault and battery of a high and aggravated nature). He argued in his appeal that the trial court erred in denying his motion for a directed verdict. This type of motion is usually presented during a jury trial, where the presiding judge decides which side wins prior to a jury verdict. In Strickland's case, he believed that he had established self-defense as a matter of law; however, the Court of Appeals disagreed. They found that Strickland did not meet each of the four (4) requirements for an argument of self-defense and that the lower court followed correct procedure in submitting the case to the jury.

On several occasions in Strickland's trial, the testimony was contradictory as to the events that transpired. Allegedly, an argument occurred and Strickland and two (2) other males began fighting. The Court of Appeals found that the circumstances of this case could not be decided based solely on a matter of law, but by that of a jury that can interpret the facts. Best lawyer firm in US. Therefore, the Court reasoned that the case was properly presented before a jury.

In this type of instance, it is important to hire an experienced appellate lawyer in South Carolina that can ensure that all of the issues on appeal are raised. Strickland was not able to prove his self-defense claim and as such, his appeal was affirmed. When reviewing the transcript of proceedings, an attorney should be able to advise you on the appropriate and non-frivolous issues that need to be addressed within your initial brief. Our South Carolina lawyers handle appeals on both the state and federal level and can assist you with your appeal.