State v. Niles
735 S.E.2d 240
S.C. Ct. App.2012Background
- Niles challenged the circuit court’s refusal to instruct on voluntary manslaughter despite evidence suggesting he was not the first aggressor.
- At trial, Moore testified the group planned a robbery at the Best Buy parking lot; Salter allegedly possessed marijuana; shots were fired after altercation.
- Niles testified Salter began shooting and that Niles fired back in response to being shot at, claiming self-defense.
- The circuit court gave a self-defense instruction but refused to charge voluntary manslaughter, stating Niles killed during armed robbery or in self-defense.
- Niles was convicted of murder, armed robbery, and possession of a firearm during a violent crime; Hammond received a separate, lesser sentence.
- On appeal, the court reversed and remanded, holding the trial court erred by not instructing on voluntary manslaughter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court should have charged voluntary manslaughter. | Niles | State | Charge warranted; error to omit |
| Whether the failure to instruct on voluntary manslaughter prejudiced Niles. | Niles | State | Prejudice shown; reversible error |
Key Cases Cited
- State v. Gilliam, 296 S.C. 395 (S.C. 1988) (self-defense and voluntary manslaughter may be submitted together)
- State v. Byrd, 323 S.C. 319 (S.C. 1996) (fact-favorable view for jury instruction decisions)
- State v. Cole, 338 S.C. 97 (S.C. 2000) (any evidence could reduce murder to voluntary manslaughter)
- State v. Hernandez, 386 S.C. 655 (Ct.App. 2010) (evidence determines law to be charged; light most favorable to defendant)
- State v. Starnes, 388 S.C. 590 (S.C. 2010) (overt threatening act may constitute legal provocation)
- State v. Pittman, 373 S.C. 527 (S.C. 2008) (overt, threatening act or physical encounter may support provocation)
- State v. Gadsden, 314 S.C. 229 (S.C. 1994) (view facts in light most favorable to the defendant)
- State v. Knoten, 347 S.C. 296 (S.C. 2001) (cooling-off period required to negate heat of passion)
- State v. Burriss, 334 S.C. 256 (S.C. 1999) (any evidence to support charge warrants instruction)
- State v. Harrison, 343 S.C. 165 (Ct.App. 2000) (prejudice shown when different verdicts possible without requested charge)
- State v. Linder, 276 S.C. 304 (S.C. 1981) (provocation sufficient when officer begins shooting before defendant's response)
- State v. Wharton, 381 S.C. 209 (S.C. 2009) (heat of passion requires provocation and sufficient time for passion to rise)