Supreme Court of South Carolina

State v. Herndon

July 1, 2020

Summary

The South Carolina Supreme Court reversed the Court of Appeals and remanded for a new trial because the trial court’s refusal to give the Logan circumstantial‑evidence charge, which the defendant requested, was not harmless error. The Court held that the Logan charge is mandatory when a case is based in whole or in part on circumstantial evidence and that failure to give it prejudiced the defendant. The decision also clarified the proper language of the Logan charge.