STATE v. BURDETTE

Opinion No. 27910.

427 S.C. 490 (2019)

832 S.E.2d 575

The STATE, Respondent, v. Shane Adam BURDETTE, Petitioner.

Supreme Court of South Carolina.

Filed July 31, 2019.

Rehearing Denied September 27, 2019.


Attorney(s) appearing for the Case

Appellate Defender Susan Barber Hackett , of Columbia, for Petitioner.

Attorney General Alan McCrory Wilson , Deputy Attorney General Donald J. Zelenka , Senior Assistant Deputy Attorney General Melody Jane Brown , Senior Assistant Attorney General William M. Blitch Jr. , and Assistant Attorney General Susannah Rawl Cole , all of Columbia; and Solicitor David Rhys Wagner Jr. , of Anderson, all for Respondent.


Shane Adam Burdette was indicted and tried for murder and possession of a weapon during the commission of a violent crime. Over Burdette's objection, the trial court charged the jury that it could infer the element of malice from the use of a deadly weapon. The jury convicted Burdette of...

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