707 S.E.2d 426
S.C.2011Background
- Petitioner pleaded guilty to voluntary manslaughter in stab death of live-in boyfriend.
- Petitioner sentenced to 20 years' imprisonment.
- During sentencing petitioner presented evidence of criminal domestic violence history by decedent to seek early parole eligibility under §16-25-90.
- Plea judge stated there is no finding of parole eligibility but did not set specific factual findings.
- Court of Appeals affirmed the plea judge's finding of ineligibility.
- South Carolina Supreme Court granted certiorari, vacated the Court of Appeals, and remanded for specific findings of fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Court of Appeals err in affirming ineligibility due to lack of specific findings? | Blackwell-Selim argues the plea judge failed to make specific findings. | State asserts eligibility determination rests on credibility and preponderance of evidence and was properly reviewable. | Remand for specific findings; vacate and remand to circuit court. |
Key Cases Cited
- State v. Laney, 367 S.C. 639 (2006) (appellate review limited to errors of law; factual findings reviewed for abuse of discretion)
- State v. Winkler, 388 S.C. 574 (2010) (appeal proper to review ruling supported by any evidence; no de novo fact reevaluation)
- State v. Grooms, 343 S.C. 248 (2000) (parole eligibility requires proof by preponderance of history of domestic violence)