Ineffective assistance of counsel is a term used by a defendant when their attorney fails to perform their duties competently. It's a violation of the Sixth Amendment that calls for a fair trial. In a successful claim, the jury often overturns the conviction. In South...
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Month: June 2021
Standards of burden of proof
Probably the most significant difference in the outcome of South Carolina legal matters is how civil cases and criminal cases finally arrive at a verdict. That controlling legal principle is the standard for the burden of proof. There are effectively two levels of...
What is the Dirks Test?
The Supreme Court established the Dirks Test in 1983 to have a consistent way of determining whether someone is guilty of illegal insider trading. The Dirks Test is also known as the personal benefits test. If you are under investigation for securities fraud in South...
