After petitioner, a foreign-born young man of 25 with a juniorhighschool education and no previous criminal record, had beenindicted for first-degree murder, he retained counsel andsurrendered to police at 7:10 p.m. He was then subjected topersistent and continuous questioning by an assistant prosecutorand numerous police officers for virtually eight hours until heconfessed, after he had repeatedly requested, and had been denied,an opportunity to consult his counsel. At his trial in a statecourt, his confession was admitted in evidence over his objection,and he was convicted and sentenced to death.
Held: On the record in this case, petitioner's will wasoverborne by official pressure, fatigue and sympathy falselyaroused, his confession was not voluntary, and its admission inevidence violated the Due Process Clause of the FourteenthAmendment.
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The Supreme Court is the highest court in South Carolina. The Court is composed of a Chief Justice and four Associate Justices who are elected to ten year terms by the General Assembly. The terms of the justices are staggered and a justice may be reelected to any number of terms.
The Supreme Court has both appellate and original jurisdiction. In its appellate capacity, it has exclusive jurisdiction to hear appeals from the circuit court which includes a sentence of death; a circuit court order setting a public utility rate; a judgment involving a constitutional challenge to a state statute or local ordinance; a judgment of the circuit court involving public bonded indebtedness; a judgment of the circuit court pertaining to an election; an order limiting the investigation by a State Grand Jury; and an order of the family court relating to an abortion by a minor, see Rule 203(d)(1), SCACR. Additionally, on its own motion or a motion of a party or the Court of Appeals, the Supreme Court may certify an appeal pending before the Court of Appeals for decision by the Supreme Court. In deciding appeals, the Supreme Court considers the transcript of the proceedings before the lower court, other relevant documents and exhibits, briefs filed by the parties and oral arguments. For those appeals which are decided by the Court of Appeals, an aggrieved party may seek a review of the decision of the Court of Appeals by filing a petition for a writ of certiorari with the Supreme Court. If the petition is granted, the Supreme Court may affirm, reverse or modify the decision of the Court of Appeals. The Supreme Court also reviews judgments of the circuit and family court relating to post-conviction relief actions by writ of certiorari. In its original jurisdiction, the Supreme Court may allow actions to be commenced in the Supreme Court and may issue mandamus, certiorari and other extraordinary writs. Normally, this only occurs when the case involves significant public interest or other unusual circumstances. Finally, the Supreme Court can agree to answer questions of law certified to it by the highest court of another state or by a federal court.
The Supreme Court is responsible for promulgating rules governing all the courts of this state. This includes not only rules governing the practice and procedure before these courts, but also rules governing the administration of these courts. Additionally, the Court promulgates rules governing the admission of persons to practice law, and the conduct of lawyers, judges and court personnel. Further, the Chief Justice, as the administrative head of the Judicial Branch, is responsible for administering the courts, setting the terms of court and assigning judges to preside at those terms.
Bar Admissions and Discipline of Lawyers and Judges: The Supreme Court is responsible for admitting persons to practice law in South Carolina. In addition, it is responsible for disciplining lawyers and judges who commit ethical misconduct. Finally, the Court may suspend a lawyer or judge who is incapacitated due to mental or physical condition.
The seven members of the Colorado Supreme Court are Chief Justice Brian D. Boatright; Justice Monica M. Mrquez; Justice William W. Hood, III; Justice Richard L. Gabriel; Justice Melissa Hart; Justice Carlos A. Samour, Jr., and Justice Maria E. Berkenkotter.
The Chief Justice has authority to issue Chief Justice Directives pertaining to matters of judicial administration. The Chief Justice presides over quarterly meetings of the Chief Judges of the twenty-two judicial districts to discuss matters concerning the administration of justice. The Chief Justice also presides over all conferences, oral arguments, and hearings of the Court; assigns all opinions for authorship; and designates, in consultation with the Court, which justice or justices will serve as liaison to the Court's various committees.
There are over 30 committees and working groups that the justices oversee. For example, Supreme Court committees include the Attorney Regulation Advisory Committee; the Appellate Rules Committee; Board of Law Examiners; Civil Rules Committee; Criminal Rules Committee; Chief Justice Commission on Professional Development; Family Issues Committee; Rules of Professional Conduct Standing Committee; Judicial Ethics Advisory Board; and Water Court Committee, among others. A complete list of the committees of the Court can be found by on the Committees page.
In addition, the Supreme Court and the Colorado Bar Association have jointly established the Access to Justice Commission. The Court maintains a publicly available pro bono legal services law firm commitment and recognition list.
Each justice has three full-time law clerks who provide legal and administrative support. The law clerk responsible for the administrative management of chambers is called the judicial assistant. At the end of 2022, the Court added a part-time Reporter of Decisions, Catherine McDaugale, who edits the opinions of the Court. The Court also has three long-term staff attorneys, Melissa C. Meirink, Jeremy Beck, and J.J. Wallace, who provide legal research and guidance to the Court as a whole, serve as staff for some of the Court's committees, and assist with research and analysis of certiorari, habeas corpus, and original proceeding petitions. A fourth staff attorney, Kathryn Michaels, focuses on court rules and provides legal research, guidance, and administrative support to all of the standing rules committees appointed by the Court.
The Supreme Court works collegially. During the typical week, there is much visitation and informal discussion among the justices on all matters pending for decision. The Court has a twelve-month work year. From September through June, the justices meet almost every Thursday in conference to decide all pending matters that are ready for vote. The Court does not meet on Thursdays during the last two weeks of December, on any state holiday falling on a Thursday, the last week in March, and any week when the Court hears oral arguments as part of Courts in the Community. During July and August, the Court does not hold weekly conferences or issue opinions. During this time, the justices write proposed opinions they have not yet presented to the Court for review; attend educational conferences; take their vacations; and vote electronically on pending certiorari petitions and original proceedings.
The Court typically schedules nine to ten oral argument calendars between September and June, with each calendar lasting two or three days. From May 2020 to June 2021, oral arguments were held virtually through Webex due to the pandemic. After oral argument, the justices deliberate and the Chief Justice makes opinion drafting assignments based on the preliminary vote in each case, which is taken after all the cases set on a calendar have been heard. You may watch Oral Arguments live or view archived arguments at by following this link to the oral arguments.
The Court also decides cases submitted on the briefs without oral argument, such as interlocutory appeals from suppression orders in criminal cases; review of constitutional or statutory citizen initiative ballot titles set by the Secretary of State's hearing board; original petitions when a Rule to Show Cause has been issued by the Court; and attorney discipline cases.
Generally, four affirmative votes of the seven justices are required to decide any matter coming before the Court, except for grant of a certiorari petition, which requires three votes. However, one or more justices may decide not to participate in a particular case. If an even number of justices are participating in a case, a tie vote among the justices will result in affirming the decision under review by operation of law without an opinion.
During one fall and one spring oral argument calendar, the Court convenes at a high school for oral argument in two cases as part of Courts in the Community. Staff attorneys meet with teachers to help prepare the students in advance for the arguments they will witness. Justices return after oral argument to answer questions, except questions concerning the merits of the cases just argued or other matters pending for decision before the Court.
The Court's weekly decisional conference is called to order at 9:00 a.m. on Thursday mornings. Each justice is expected to attend or, if absent, must leave a vote sheet for all pending matters ready for decision. The Chief Justice presides over the discussion and votes are taken, proceeding from junior to senior justice, with the Chief Justice voting last. Any justice may request a matter to be passed to the next conference for a vote, and the present conference may be used for discussion of the case instead. Passing a matter is a courtesy asked by one justice of the others; a justice's request to pass the case for vote at a future conference is always honored.
The order of business for vote at the Thursday conference follows this order: decisions on proposed final opinions; petitions for rehearing on issued opinions; cases submitted on the briefs without oral argument, followed by assignment of the opinion by the Chief Justice to one of the justices; grant or denial of certiorari petitions; grant or denial of petitions in original proceedings for a Rule to Show Cause under C.A.R. 21 that have not otherwise been voted on during the week; and administrative matters, including rule changes and any other matter concerning governance of the Court or the Judicial Branch. Sometimes, the Court acts to dismiss a certiorari granted matter as "improvidently granted" because the Court, on reflection, determines that the lower court decision should remain without further review. 152ee80cbc
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