Pro Se, Not the Right Way


 Johnell Porter appealed his convictions for a list of crimes in relation to a robbery committed in York County (The State v. Johnell Porter). Mr. Porter submitted his appeal before the South Carolina Court of Appeals on March 1, 2010 and an opinion was published on April 5, 2010.

Allegedly, Mr. Porter along with his co-defendants robbed a bank located in York County. Witnesses identified the make and model of the getaway vehicle and the York County Sheriff’s Department was on high alert. An officer spotted the vehicle and noticed that the suspects were heading toward Charlotte, North Carolina. https://askcompetentlawyer.com/ They were immediately arrested after the driver pulled into an apartment complex. Shortly thereafter, officers from the Charlotte Police Department arrived and the suspects were transferred to their custody. Officers located numerous items directly related to the robbery, so the suspects were extradited to York County.

Mr. Porter was charged with several different crimes that were all connected with the armed robbery conspiracy. He decided to represent himself pro se. Employees and customers from the bank could not verify the identity of the suspects because they were wearing ski masks, but “bait money” was located in the vehicle in question. Additionally, two co-defendants testified that Mr. Porter was involved in the robbery. As a result, the jury found him guilty on all counts and he was sentenced to life in prison.

The main issue involved in this case was determining whether the trial court erred in denying dismissal of the above charges due to the fact that Mr. Porter was arrested in North Carolina by South Carolina officers. The appellate court did not agree with Mr. Porter’s argument because he failed to present relevant authorities to support his claim. This is the reason that it is extremely important to retain a knowledgeable South Carolina defense attorney that has experience with appellate issues. Mr. Porter chose to represent himself pro se during his trial and as a result, he may have missed several key issues that were applicable for appeal. When the Court of Appeals reviews a case, it is only allowed to consider records in the court below, meaning the information available within the transcript of proceedings. Retaining an appellate attorney to represent you in a criminal appeal is vital to ensure that all potential issues and arguments are addressed in the initial brief.

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