Legal Opinion

State v. Hewins

Supreme Court of South Carolina

Decided July 16, 2014No. Appellate Case No. 2012-210306; No. 27415PublishedCited by 11 opinions

1Opinion of the CourtJustice Beatty

Erick Hewins appeals his conviction for possession of crack cocaine. Hewins contends the circuit court judge erred in ruling he was collaterally estopped from challenging the search of his vehicle, which precipitated the drug charge, because Hewins waived any challenge when he was convicted in municipal court of an open container violation resulting from the same search. We hold the conviction in municipal court had no preclusive effect on Hewins’s ability to litigate his motion to suppress in circuit court. Moreover, we find the drug evidence should have been suppressed because it was…

2Cases cited42 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Ashe v. SwensonSupreme Court of the United States · 1970
  3. United States v. SokolowSupreme Court of the United States · 1989
  4. Pennsylvania v. MimmsSupreme Court of the United States · 1977
  5. Argersinger v. HamlinSupreme Court of the United States · 1972

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3Cited by11 opinions

  1. United States v. JonesCourt of Appeals for the Second Circuit · 2022
  2. State v. SpearsCourt of Appeals of South Carolina · 2017
  3. Atkins v. WilsonCourt of Appeals of South Carolina · 2016
  4. Design Gaps, Inc. v. Distinctive Design & Construction LLCCourt of Appeals for the Fourth Circuit · 2025
  5. Maunwell Ervin v. StateSupreme Court of South Carolina · 2023

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