In the Matter of Oxner
Annotate this CaseIn a matter of first impression, the South Carolina Supreme Court considered a Sexually Violent Predator Act case arising under subsection 44-48-100(B) of the South Carolina Code (2018). The circuit court in this case found Francis Oxner committed the acts with which he was charged. On appeal, Oxner claimed a lengthy delay before his subsection 44-48-100(B) hearing violated his right to a speedy trial, the fact he was never convicted precluded proceedings under the Act, and conducting the subsection 44-48-100(B) hearing while he was incompetent violated his due process rights. The Supreme Court found no reversible error in the circuit court's finding that Oxner "committed the act or acts with which he is charged" under subsection 44-48-100(B). The Court remanded the case to the circuit court for "a trial to determine whether [Oxner] is a sexually violent predator" as required by subsection 44-48-90(A) of the South Carolina Code (2018).
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