South Carolina v. Walker

Elias Walker killed his father by repeatedly stabbing him with a sword in a motel room where they were living. Walker was twenty-two years old at the time of the crime. Pursuant to a plea agreement, Walker pled guilty but mentally ill to voluntary manslaughter and possession of a weapon during the commission of a violent crime. At the plea hearing, Walker presented evidence his father had physically and mentally abused him throughout his life. The circuit court found "there is ample evidence in the record of a history of criminal domestic violence against the defendant at the hands of his father." Based on this finding, Walker argued he was eligible for early parole under South Carolina Code section 16-25-90 (2015). The circuit court found Walker was not eligible for early parole because his father was not his household member as defined in subsection 16- 25-10(3). The question this case presented for the South Carolina Supreme Court’s review was whether section 16-25- 90 violated the equal protection or due process rights of a defendant who commits an offense against his parent, because the definition of "household member" in subsection 16-25-10(3) of the South Carolina Code (Supp. 2017) does not include parents and children, and thus section 16-25-90 does not provide such a defendant any opportunity for early parole eligibility. The Court found no violation. View "South Carolina v. Walker" on Justia Law