Legal Opinion · Dissent

In the Interest of Jeremiah W.

Court of Appeals of South Carolina

Decided January 6, 2003No. 3588Published

1DissentGoolsby, J.

I respectfully dissent. Jeremiah W. (the juvenile) appeals his convictions for threatening a public official and breach of the peace, arguing the trial court erred in failing to grant his motions for directed verdict because (1) his arrest for breach of the peace was unlawful and (2) the illegality of his arrest permitted him to resist using deadly force, if necessary, so that his actions and comments following his arrest did not constitute a threat against a public official. I would affirm.

ANALYSIS

I. Directed Verdict on Breach of Peace Charge

The juvenile first argues the trial court should…

2Cases cited8 opinions

  1. Gooding v. WilsonSupreme Court of the United States · 1972
  2. State v. PeerCourt of Appeals of South Carolina · 1996
  3. State v. LangstonSupreme Court of South Carolina · 1940
  4. State v. PoinsettSupreme Court of South Carolina · 1967
  5. State v. BrahyCourt of Appeals of Arizona · 1974

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