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South Carolina
Judicial Department
Supreme Court Published Opinions - December 2019

Note: Beginning in June 2012, opinions will be posted as Adobe PDFs. You can download a free copy of Adobe Reader here.

The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.

12-4-2019 - Opinions

27932 - Fortune v. State

In the prosecutor's closing argument to the jury in Oscar Fortune's murder trial, the prosecutor claimed, "My job is to present the truth." "On the other hand," the prosecutor told the jury, "the defense attorneys' jobs are to manipulate the truth. Their job is to shroud the truth. Their job is [to] confuse jurors." The prosecutor explained that if he, the prosecutor, believes "somebody else did the crime," then he must "dismiss it." We find the prosecutor's improper remarks violated Fortune's rights under the Due Process Clause. We reverse the denial of post-conviction relief, and remand to the court of general sessions for a new trial.