South Carolina v. Cartwright, III

Harold Cartwright, III was convicted of one count of first-degree criminal sexual conduct (CSC), eight counts of first-degree CSC with a minor, two counts of second-degree CSC with a minor, one count of third-degree CSC, and sixteen counts of committing a lewd act on a minor. He appealed, arguing the trial court abused its discretion in: (1) ruling evidence of his suicide attempt was admissible to show consciousness of guilt; and (2) qualifying a witness and allowing her to testify as an expert in the field of "child sexual abuse dynamics." The Court of Appeals affirmed. On appeal to the South Carolina Supreme Court, Cartwright argued the State failed to establish a nexus between the suicide attempt and the charges against him. Cartwright maintains the nexus should involve much more than the defendant merely understanding he has been charged with committing a crime. While acknowledging he was aware of the charges, Cartwright asserts that, because he turned himself in, his subsequent attempted suicide cannot be viewed as relevant evidence of guilt and, therefore, admissible. Furthermore, Cartwright contends suicide is a complex act that, in his case, was caused by not being able to make bond and, as Cartwright maintains, the fact that his own daughter turned on him. The Supreme Court: (1) affirmed the decision of the Court of Appeals holding the trial court did not abuse its discretion admitting evidence of the attempted suicide; (2) set forth the framework trial courts must apply in future cases when evidence of a suicide attempt is offered to prove consciousness of guilt; (3) affirmed the decision of the Court of Appeals finding the trial court correctly qualified an expert in clinical psychology and allowed her opinion; and (4) affirmed the Court of Appeals determining the expert's testimony did not constitute improper bolstering. View "South Carolina v. Cartwright, III" on Justia Law