Legal Opinion · Dissent

State v. Clifford

Court of Appeals of South Carolina

Decided March 22, 1999No. 2967Published

1DissentHuff, Judge

On appeal to the circuit court, Clifford asserted the State failed to present sufficient evidence of her guilt, arguing the State already had its opportunity to prosecute the case, and asked that her conviction be reversed. She further asserted the magistrate inappropriately shifted the burden of proof to the defense. The State argued that, should the court decide to take action “favorable to Ms. Clifford,” it should remand the *133case for a new trial so that the issue of notice could be determined. Clifford again argued the State had its opportunity to prosecute the case and should not be given…

2Cases cited7 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. State v. MillerSupreme Court of South Carolina · 1986
  3. State v. WilliamsSupreme Court of South Carolina · 1996
  4. State v. RobinsonSupreme Court of South Carolina · 1985
  5. State v. WashingtonSupreme Court of South Carolina · 1985

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