South-Carolina
South Carolina supreme court rules state’s death penalty is legal
The South Carolina supreme court ruled on Wednesday that the state’s death penalty, which now includes a firing squad as well as lethal injection and the electric chair, is legal.
All five justices agreed with at least part of the ruling, opening the door to restart executions in a state that has not put a prisoner to death since 2011. But two of the justices said they felt the firing squad was not a legal way to kill a prisoner and one of them felt the electric chair was a cruel and unusual punishment.
The death penalty law is legal because instead of seeking to inflict pain, the choice between the three execution methods makes it appear that lawmakers are genuinely against inflicting pain and making the death penalty as humane as possible, Associate Justice John Few wrote in the majority opinion.
As many as eight inmates may be out of traditional appeals. It is unclear when executions could restart or whether lawyers for death row inmates can appeal the ruling.
South Carolina has executed 43 inmates since the death penalty was restarted in the US in 1976. Nearly all inmates have chosen lethal injection.
“Choice cannot be considered cruel because the condemned inmate may elect to have the State employ the method he and his lawyers believe will cause him the least pain,” Few wrote.
South Carolina has not performed an execution since 2011. The state’s supplies of drugs for lethal injections expired and no pharmaceutical companies would sell more if they could be publicly identified.
Lawmakers authorized the state to create a firing squad in 2021 to give inmates a choice between it and the old electric chair. The inmates sued, saying either choice was cruel and unusual punishment prohibited by the constitution.
In spring 2023, the legislature passed a shield law to keep lethal injection drug suppliers secret and the state announced in September it had the sedative pentobarbital and changed the method of lethal injection execution from using three drugs to just one.
The supreme court allowed the prisoners to add arguments that the shield law was too secret by not releasing the potency, purity and stabilization of lethal injection drugs.
South Carolina has 32 inmates on its death row. Four prisoners are suing, but four more have also run out of appeals, although two of them face a competency hearing before they could be executed, according to Justice 360, a group that describes itself as fighting for the inmates and for fairness and transparency in death penalty and other major criminal cases.
The state said in its argument before the state supreme court in February that lethal injection, electrocution and firing squad all fit existing death penalty protocols. “Courts have never held the death has to be instantaneous or painless,” wrote Grayson Lambert, a lawyer for Governor Henry McMaster’s office.
But lawyers for the inmates asked the justices to agree with circuit judge Jocelyn Newman who stopped executions with the electric chair or firing squad.
She cited the inmates’ experts, who testified at a trial that prisoners would feel terrible pain whether their bodies were “cooking” by 2,000 volts of electricity in the chair, built in 1912, or if their hearts were stopped by bullets – assuming the three shooters were on target – from the yet-to-be used firing squad.
On the shield law, the attorneys for the inmate said they needed to know if there was a regular supplier for the drug since it typically only has a shelf life of 45 days and what guidelines are in place to test the drug and make sure it is what the seller claims.
Too weak, and inmates may suffer without dying. Too strong, and the drug molecules can form tiny clumps that would cause intense pain when injected, according to court papers.
“No inmate in the country has ever been put to death with such little transparency about how he or she would be executed,” the Justice 360 lawyer Lindsey Vann wrote.
Lawyers for the inmates did tell the justices in February that lethal injection that follows proper protocols with information about the drug given to the condemned in a manner that matches what other states and the federal government use would appear to be legal.
South Carolina used to carry out an average of three executions a year and had more than 60 inmates on death row when the last execution was carried out in 2011. Since then, successful appeals and natural deaths have lowered the number to 32.
Prosecutors have sent only three new prisoners to death row in the past 13 years. Facing rising costs, the lack of lethal injection drugs and more vigorous defenses, they are choosing to accept guilty pleas and life in prison without parole.
CHARLESTON, S.C. (WCIV) — Six Republican candidates vying to become South Carolina’s next governor met in downtown Charleston for a wide-ranging debate that put abortion, infrastructure and the future of data centers at the center of the race.
The forum was held at the Sottile Theatre, where Lt. Gov. Pamela Evette, state Sen. Josh Kimbrell, U.S. Rep. Nancy Mace, U.S. Rep. Ralph Norman, Lowcountry businessman Rom Reddy and Attorney General Alan Wilson took the stage.
Questions included whether they would support a state hate crime law, how they would address concerns about growth and infrastructure, how to navigate collaboration, abortion and the future of data centers in the state.
One issue that drew near-unanimous opposition was state Senate Bill 1095, a proposed total abortion ban that passed out of committee earlier in the day. All of the candidates opposed the bill, but they differed on what they would do if it reached the governor’s desk.
READ MORE | South Carolina governor candidates tout infrastructure, growth at business forum
Norman said he would sign it.
“You know, this is an emotional issue, but I will tell you if this bill came to my desk as governor. If it passed the House and the Senate, I would sign it,” Norman said.
All of the other candidates on stage said they would veto the bill if it came across their desk as governor, with Reddy arguing the question should be decided by voters.
“The Supreme Court did not say the loudest voice in the ruling class prevails. It said it’s up to the people in the state, so let’s put it to a referendum,” Reddy said.
On infrastructure, candidates discussed reforming the South Carolina Department of Transportation and allowing private-sector involvement to help pay for improvements.
Wilson outlined ideas that included leasing interstate easements and expanding private express lanes.
“We privatized that grass between the interstates. We turn it into private express lanes that can be told we leased the easements on the sides of interstates to telecommunication companies and energy companies, and charge them for natural gas line and fiber optic fiber optic cables,” Wilson said.
Evette also pointed to public-private partnerships and the possibility of fast-pass lanes.
READ MORE | South Carolina governor candidates tout infrastructure, growth at business forum
“We want to make sure that we’re innovative public private partnerships coming in and creating fast pass lanes to allow people that are in a hurry to be able to utilize that,” Evette said.
The final question focused on data centers, with candidates agreeing corporations should “pay their way.”
“They should pay for their water. They should pay for their infrastructure, any roads around it, and we should look at what Governor Ron DeSantis has done in Florida with the large data centers that are coming to Florida. That should be the model in South Carolina and everywhere,” Mace said.
Kimbrell said the state should set limits to protect natural resources and guard against higher power costs for residents.
“Put parameters around data centers to ensure that the water consumption does not impact places like the ACE Basin,” Kimbrell said. “Ensuring that the Public Service Commission makes absolutely sure nobody’s power rate goes up and we try to get behind the meter energy grids in place so they can be self-sufficient.”
Two more debates are planned ahead of the primaries on June 9.
A bill that could make it a felony for doctors to perform an abortion is moving to the full South Carolina Senate with just a few weeks left in the legislative session.
The South Carolina Senate medical affairs committee continued a debate of Senate Bill 1095 on April 21 in Columbia. The bill, sponsored by State Sen. Richard Cash, R-Anderson, builds on a restrictive abortion bill that failed to progress in the fall.
The committee passed the measure in an 8-4 vote, moving it to the full Senate for consideration. Lawmakers have until May 14, the last day of the 2026 legislative session, to pass the bill for it to become law.
Senate Bill 1095, also called the “Unborn Child Protection Act,” bans performing an abortion or supplying abortion drugs. It makes it illegal for a woman to get an abortion, with the only exception being to save a pregnant woman’s life.
It also makes mifepristone and misoprostol Schedule IV controlled substances. Alprazolam (Xanax) and zolpidem (Ambien) are two other examples of Schedule IV substances.
Pro-Life Greenville, an anti-abortion organization based in Greenville, responded to the bill’s progress with “full endorsement” of the legislation.
“Unborn children, like all human beings, deserve to have their lives protected under law here in the Palmetto State,” Pro-Life Greenville stated. “Today’s vote by the SC Senate Medical Affairs Committee brings that urgent need one step closer to reality.”
Under the bill, a woman who has an abortion could face misdemeanor charges. The maximum sentence would be two years in jail with a $1,000 fine.
Those found guilty of performing an abortion or providing a pregnant woman with abortion-inducing drugs could face felony charges, a maximum sentence of 20 years in jail, and a possible $100,000 fine.
Planned Parenthood South Atlantic (PPSAT), a firm opponent of the bill, decried the Senate committee passage. PPSAT Director of Public Affairs Vicki Ringer said in a statement that the bill will cost people their lives, and it will make it more difficult for women to get reproductive and pregnancy healthcare.
“Abortion bans have and will continue to cost people their lives,” Ringer stated. “As this ban inches closer to the governor’s desk, it is becoming increasingly clear just how many of our lives anti-abortion lawmakers are willing to endanger in service to their agenda.”
Bella Carpentier covers the South Carolina legislature, state, and Greenville County politics. Contact her at bcarpentier@gannett.com
BARNWELL, S.C. (WRDW/WAGT) – An officer was injured, and the South Carolina Law Enforcement Division (SLED) has issued a Blue Alert for an “armed and dangerous” woman.
According to the Blue Alert, Cushman is wanted in connection with an officer being injured.
The location of the assault was Gardenia Road in Blackville, S.C.
On Monday night around 10:35 p.m., officials said they were looking for Lacey Cushman, 37, a white woman who is 5 feet 9 inches tall and weighs about 210 pounds.
According to SLED, she has brown eyes and an unknown hair color. Her hairstyle and clothing are unknown.
She was last seen driving a 2011 white Chevrolet Traverse with an S.C. tag, 706IRU, in Barnwell County.
Her last known direction of travel was toward Bamberg County.
If you see her or have information, call 911 immediately.
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