Supreme Court of South Carolina

State v. Samir Kevin Shank

May 6, 2026

Summary

The South Carolina Supreme Court reversed the Court of Appeals, holding that the trial court correctly refused to give the jury a lesser‑included offense instruction for Third‑Degree Assault and Battery. The Court found the evidence did not support a rational inference of the lesser offense and affirmed Shank’s ABHAN conviction. The decision also noted that any error would not have been harmless.