South Carolina v. StankoAnnotate this Case
Appellant Stephen Christopher Stanko appealed his conviction and death sentence for murder and armed robbery. A grant jury indicted him for the death of Henry Turner in 2005. At trial, he relied on an insanity defense, specifically, that he suffered from central nervous system dysfunction, and at the time of the Victim's murder he did not understand "legal right from wrong." Appellant argued that the trial court erred by instructing the jury that it could infer malice from the use of a deadly weapon where Appellant presented an insanity defense. Though the Supreme Court agreed that the instruction was given in error, it was not reversible error entitling appellant to the relief he requested. Accordingly the Court affirmed appellant's conviction and sentence.