South Carolina v. Lawrence
Annotate this CaseTravis Lawrence was convicted by jury of attempted murder following a brawl at the home of a friend, Clayton Baxter. At trial, Lawrence argued that he acted in self-defense. To support this, he subpoenaed his co-defendant present at the scene, Terell Bennett. Bennett, however, invoked his Fifth Amendment right while awaiting his own, separate trial. Bennett's in camera testimony tended to show that he and Lawrence traveled to Baxter's house that day to purchase marijuana. Bennett's version of events established that Baxter attacked Lawrence first. The trial court was made aware of the nature of Bennett's testimony; in asking for the court to conduct the in camera examination, Lawrence's counsel stated "[the State] know[s] that the alleged co-defendant has come in and told them this was an act of self-defense." The trial court clarified: "I just want to make sure I understand the full breadth of what you're saying so I know whether or not you can invoke your right as far as implication. You're putting yourself at the scene of this alleged crime; do you understand that?" Bennett's counsel then argued that any questioning by the State would reveal incriminating information. Lawrence argued on appeal to the South Carolina Supreme Court that the hazards of self-incrimination from Bennett's testimony were not openly apparent because the purported crime, the purchase of marijuana, was never completed. Lawrence maintained that Bennett's testimony would show he and Lawrence acted in self-defense. Conversely, the State contended that the hazard of self-incrimination was openly apparent because Bennett was awaiting trial on indictments resulting from the same incident and there was "obvious potential" for any answers to be incriminating. The court of appeals concluded the hazard of incrimination was openly apparent, and the Supreme Court concurred, affirming the trial and appellate courts.
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