State v. Bostick
708 S.E.2d 774
S.C.2011Background
- Polite was a church officer; Rudy Polite lived with her, Carl nearby; Sunday fire destroyed Polite’s home; Polite died from CO after fire; accelerant used and arson linked to Rudy’s bedroom; items from Polite found in Bostick family burn pile; DNA on Bostick’s jeans inconclusive; court denied directed verdict; Bostick convicted and later PCR/federal proceedings prompted direct appeal.
- Arson investigation tied accelerant to gasoline; burn pile contained Polite-related items; Bostick’s mother testified she did not use kerosene/diesel.
- State’s evidence included car keys, calculator and other items from Polite found in burn pile; gasoline pattern on Bostick’s shoes; blood on jeans with inconclusive DNA; no direct link to crime scene or weapon.
- Bostick argued insufficient substantial circumstantial evidence to submit to jury; State contends evidence supported a jury submission.
- Court reverses, holding evidence raised only a suspicion of guilt and direct verdict was required in favor of Bostick.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the State’s circumstantial evidence substantial enough to submit to the jury? | Bostick argues evidence suffices to prove guilt. | State argues evidence supports jury submission, not directing verdict. | No; evidence only raises suspicion, not substantial proof. |
| Do the specific items (burn pile evidence, accelerant, DNA) collectively suffice for a jury verdict? | Bostick maintains no direct link established. | State argues circumstantial chain supports guilt. | Insufficient; total evidence insufficient for jury beyond suspicion. |
Key Cases Cited
- State v. Schrock, 283 S.C. 129, 322 S.E.2d 450 (1984) (directed verdict required when no substantial evidence)
- State v. Arnold, 361 S.C. 386, 605 S.E.2d 529 (2004) (fingerprint on car lid alone not substantial proof)
- State v. Mitchell, 341 S.C. 408, 535 S.E.2d 127 (2000) (fingerprint on screen did not prove entry; insufficient)
- State v. Cherry, 361 S.C. 588, 606 S.E.2d 475 (2004) (directed verdict when evidence raises only suspicion)