State v. Jones, 786 S.E.2d 132

Whitlee Jones fatally stabbed her live-in boyfriend, Eric Lee, inside their shared residence after prior physical altercations earlier that evening.
Jones told police Lee had assaulted her (punching, dragging by hair), she left briefly, returned to collect belongings, and grabbed a knife for protection when Lee grabbed and shook her.
Jones was indicted for murder; she filed a pretrial motion asserting immunity under S.C. Code § 16-11-440(C) (the Protection of Persons and Property Act).
The circuit court granted immunity, finding Jones (by a preponderance) met § 16-11-440(C): she was not engaged in unlawful activity, was attacked where she had a right to be, had no duty to retreat, and acted in self-defense.
The State appealed, arguing (1) § 16-11-440(C) does not apply because the stabbing occurred in Jones’s residence (not an "another place"), and (2) Jones failed to prove she reasonably feared imminent death or great bodily injury.
The South Carolina Supreme Court affirmed: § 16-11-440(C)’s phrase "another place where he has a right to be" includes a residence; cohabitants may invoke (C) but without the § 16-11-440(A) presumption, and the record supported Jones’s showing of self-defense.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Jones)	Held
Whether § 16-11-440(C) applies when deadly force is used against a cohabitant inside the defendant’s residence	"Another place" excludes the dwelling because § 16-11-440 uses "dwelling, residence, or occupied vehicle" in other subsections; (C) was meant for other places	(C) is broad and includes residences; cohabitants default to (C) (no A presumption) but still may claim immunity	(C) includes a residence; the Court affirmed that a cohabitant attacked at home may seek immunity under (C)
Whether Jones met elements of self-defense required under (C) (without the presumption in (A))	Record lacks proof of reasonable fear of imminent death or great bodily injury; no witness saw a contemporaneous strike; Jones voluntarily returned to the apartment	Jones was without fault, had prior violent assaults by Lee that night, reasonably believed she faced imminent harm, and had no duty to retreat	The Court held there was evidentiary support for each element of self-defense by a preponderance; immunity proper

State v. Duncan, 392 S.C. 404 (2011) (orders granting immunity under the Act are immediately appealable)
State v. Curry, 406 S.C. 364 (2013) (explains interplay of § 16-11-440(A) presumption and default to (C) when victim has equal right to be on premises)
State v. Gordon, 128 S.C. 422 (1924) (early articulation of Castle Doctrine: no duty to retreat on jointly occupied premises)
State v. Douglas, 411 S.C. 307 (Ct. App. 2014) (interprets "another place" in § 16-11-440(C) to include residences)
State v. Grantham, 224 S.C. 41 (1953) (applies self-defense principles where assailant and assailed share the home)