South Carolina v. HerndonAnnotate this Case
Petitioner Robin Herndon was convicted of voluntary manslaughter for shooting and killing her live-in boyfriend, Christopher Rowley, allegedly, in self defense. Petitioner was tried for murder; the case against Petitioner was largely circumstantial. Petitioner requested the Logan circumstantial evidence charge, but the trial court refused, opting instead for the pre-Logan circumstantial evidence charge. On appeal, there was no contention that the trial court properly refused to give a "Logan" charge. Instead, the State contended the court's failure to give the Logan charge was a harmless error, for the jury instructions as a whole were substantially correct. The court of appeals summarily accepted the State's argument and affirmed. After review, the South Carolina Supreme Court reversed and remanded, finding that while there may be cases in which a trial court's failure to five the Logan charge is indeed harmless, "this is not such a case." The State's case against Petitioner was almost exclusively circumstantial. The State relied on: (1) eyewitness testimony prior to the shooting to suggest Petitioner was angry; and (2) testimony from the pathologist explaining the pathway of the bullet could have been caused by Petitioner shooting the victim as he walked up the stairs to the house. In urging the Supreme Court to find the error was harmless, "the State entirely disregards the testimony of its own witness that it was plausible the fatal wound could have been caused by the victim charging Petitioner, exactly as Petitioner testified. The competing inferences involved in this circumstantial evidence case illustrate well the need for the Logan charge. Because the failure to provide the Logan circumstantial evidence charge was not harmless and that failure manifestly prejudiced Petitioner, we reverse and remand for a new trial."