722 S.E.2d 233
S.C. Ct. App.2011Background
- Senter shot his estranged wife inside his home on November 13, 2006, injuring her severely.
- Victim escaped, collapsed in the yard, and attempted to seek help; Senter moved her to a secluded area and threatened to shoot.
- The Victim activated a car alarm; she hid, later returned, and played dead as police arrived; Senter was taken into custody.
- Victim suffered a collapsed lung, broken ribs, and a bullet removed from her liver; Senter was indicted for ABWIK and CDVHAN in January 2007.
- Defense argued insanity due to mental illness; doctors diagnosed delusional disorder and claimed lack of criminal responsibility.
- The trial court denied a directed verdict and later denied a request for insanity verdict; jury found Senter guilty and he was sentenced to 20 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Directed verdict/new trial standard | Senter asserts no substantial evidence of sanity supports jury decision. | Senter contends insanity evidence warranted directed verdict/NGI defense. | Evidence sufficient to submit sanity issue to jury; no abuse of discretion. |
| Jury trial waiver | Waiver denied due to Rule 14(b) issues; due process and defense presentation concerns. | Right to jury trial and ability to present insanity defense violated | Waiver issue not preserved and Rule 14(b) arguments abandoned; affirmed denying waiver. |
Key Cases Cited
- State v. Strickland, 389 S.C. 210 (Ct.App.2010) (directed-verdict standard requires viewing evidence in favor of State)
- State v. Mercer, 381 S.C. 149 (2009) (new-trial discretion review)
- State v. Lewis, 328 S.C. 273 (1997) (insanity standard focuses on right-vs-wrong understanding)
- State v. Wilson, 306 S.C. 498 (1992) (recognizes mental-state inquiry for insanity)
- State v. Smith, 298 S.C. 205 (1989) (presumption of sanity; lay testimony may suffice)
- Singer v. United States, 380 U.S. 24 (1965) (constitutional right is to an impartial jury; waiver possible)
- State v. Carmack, 388 S.C. 190 (Ct.App.2010) (preservation of error requires trial-court ruling on the issue)
- State v. Jones, 392 S.C. 647 (Ct.App.2011) (short conclusory defenses abandoned on appeal)