784 S.E.2d 665
S.C.2015Background
- Clarence Kendall Cook shot and killed Charles Hayes after a series of insults and threats; witnesses describe a brief verbal exchange and two shots to the victim's face.
- Cook claimed self-defense at trial; the State charged him with murder and requested a voluntary manslaughter instruction over Cook's objection.
- The jury convicted Cook of voluntary manslaughter and of possessing a weapon during the commission of a violent crime; the latter conviction depended on the manslaughter verdict.
- Cook filed a PCR; after denial he sought certiorari review in the South Carolina Supreme Court under White v. State to challenge the manslaughter instruction.
- The Supreme Court reviewed whether there was evidence of "sudden heat of passion," a required element for voluntary manslaughter, and whether the trial court abused its discretion by giving that instruction.
Issues
| Issue | Plaintiff's Argument (Cook) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the trial court erred by instructing the jury on voluntary manslaughter (i.e., whether there was evidence of sudden heat of passion) | No evidence showed Cook acted in sudden heat of passion; evidence supported either murder or self-defense, not manslaughter | Evidence of fear, two shots, and statement "before I knew it, I fired a shot" supported a manslaughter instruction | Reversed: no evidentiary support for sudden heat of passion; manslaughter instruction was improper |
Key Cases Cited
- White v. State, 263 S.C. 110 (procedural basis for certiorari review) (procedural writ for review of PCR denial)
- State v. Walker, 324 S.C. 257 (definition and elements of voluntary manslaughter: sudden heat of passion + legal provocation)
- State v. Niles, 412 S.C. 515 (holding that shooting twice was insufficient alone to show uncontrollable impulse)
- State v. Lowry, 315 S.C. 396 (distinguished: physical + verbal altercation supported manslaughter instruction there)
- State v. Starnes, 388 S.C. 590 (defendant's fear must manifest as an uncontrollable impulse to justify manslaughter)
- Hopper v. Evans, 456 U.S. 605 (lesser-included instruction required only when evidence warrants it)