Alex Murdaugh appeals murder, states judge misconstrued case law

COLUMBIA, S.C. (Court Television)– The defense group representing disgraced lawyer and founded guilty killer Alex Murdaugh has actually submitted brand-new files asking South Carolina’s greatest court to have a look at his appeal.

Murdaugh is presently serving 2 life sentences plus years for the murders of his partner, Maggie, and boy, Paul, along with monetary criminal offensesWhile Murdaugh has actually confessed his regret to taking from customers and a dependency to opioids, he has actually kept his innocence in the murders.

Soon after Murdaugh was sentenced, his lawyers called the guilty decision into concern and implicated then-Colleton County Clerk of Court Becky Hill of damaging the jury by making remarks indicating Murdaugh’s regret. The claims triggered a January hearing where retired Chief Justice Jean Toal rejected the quote“The circuit court nonetheless rejected the movement for a brand-new trial,” Murdaugh’s lawyers stated in the movement, “thinking that there is no anticipation of justice from damaging jurors throughout a trial matter pending before the jury and Mr. Murdaugh stopped working to show that Ms. Hill’s remarks in fact altered the jury’s decision.”

Court television’s Trial Archives| Murdaugh Family Murders (SC v. Alex Murdaugh 2023)

This week, Murdaugh’s lawyers submitted a brand-new movement with the South Carolina Supreme Court, asking them to bypass the court of appeals and take up the concern themselves. The main concern, Murdaugh’s lawyers argue, is whether Justice Toal depend on inaccurate case law in choosing Murdaugh would not get a brand-new trial.

Justice Toal count on South Carolina law and had figured out throughout a prehearing hearing that Murdaugh would bear the concern to show real bias from the jury. The U.S. Supreme Court has actually formerly held in consentaneous judgments “that in a criminal case, any ‘tampering … with a juror throughout a trial about the matter pending before the jury is, for apparent factors, considered presumptively prejudicial” and “the concern rests greatly upon the Government to develop … that such contact with the juror was safe.”

Murdaugh’s lawyers are therefore asking the Supreme Court to action in and identify “whether the majority of federal circuit courts have actually misconstrued Supreme Court precedent.”

In their argument asking the state Supreme Court to get the case, Murdaugh’s lawyers highlight that their customer’s case is among terrific public interest, and consist of in their movement a remark from state Rep. Tommy Pope about Court television’s protection: “Pope stated the gavel-to-gavel protection most likely assisted audiences reach their own conclusions and comprehend the legal system’s ‘positives’ along with its ‘warts.'”

ASSOCIATED| Alex Murdaugh rejected brand-new trial for jury tampering claims

Hill resigned from her position as clerk of courts in March 2024 and is dealing with several principles infractions on charges she utilized her position to promote her book, provide unapproved individuals access to protect locations and misused cash. A principles commission hearing is arranged in December. Hill deals with no criminal charges.

In a different filing this week, Murdaugh’s lawyers are asking a federal appeals court to examine the 40-year sentence he was provided for monetary criminal activities. Their movement argues that the sentence was “grossly out of proportion to the criminal activities dedicated” making it unconstitutional and “vicious and uncommon penalty.”

“Instead the sentence enforced is better suited for a murder conviction, which functions as a backstop to Murdaugh’s state murder convictions must they be reversed on appeal, as asked for by the federal government.”