Case Results

Dayne Phillips is an accomplished advocate in the courtroom with a significant amount of trial and appellate experience. His relentless preparation and client-centered defense strategy has resulted in numerous not guilty verdicts in felony jury trials and winning arguments before both the South Carolina Court of Appeals and Supreme Court of South Carolina. His prior results are provided below to illustrate that he has dedicated his life to defending those accused of crimes and the wrongfully convicted in all South Carolina Courts.

*Disclaimer: *Any result the lawyer or law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients. Every case is unique and must be evaluated based on its specific facts and circumstances. In other words, the lawyer’s prior results listed below should not create an expectation that you will receive a favorable result in your case.

NOTABLE APPEALS

  • Successfully argued before both appellate courts in South Carolina.
  • One hundred (100) appeals (Direct and PCR) filed in the South Carolina Court of Appeals and Supreme Court of South Carolina
  • Twenty-five (25) Oral Arguments before the appellate courts in Columbia, SC.
  • Seventeen (17) Published Opinions as Counsel of Record.
  • Seven (7) Reversals; One (1) Affirmed Reversal; One (1) Remand; One (1) new legal standard for S.C. Law; and (1) Harmless error.
  • S.C. Supreme Court Affirmed as Modified the Court of Appeals’ reversal of Respondent’s conviction for Trafficking Cocaine because the Police Officer knowingly and intentionally made false statements in the search-warrant affidavit.
  • S.C. Supreme Court created a new legal standard: Law enforcement must have reasonable suspicion of illegal activity at a targeted residence prior to approaching the residence without a warrant because of the heightened privacy protection afforded by the South Carolina Constitution.
  • S.C. Court of Appeals Reversed convictions for Murder and Possession of a Weapon During the Commission of a Violent Crime and Remanded for a New Trial because Petitioner was entitled to an involuntary manslaughter jury instruction.
  • S.C. Court of Appeals Reversed convictions for Murder and Armed Robbery and remanded for a new trial because the Trial Court violated Appellant’s Sixth Amendment right of confrontation.
  • S.C. Court of Appeals Reversed Trafficking Cocaine conviction because the search warrant affidavit failed to provide the issuing judge with information as to the confidential informant’s reliability.
  • S.C. Court of Appeals Remanded convictions for Burglary, First Degree, and Possession of a Weapon During the Commission of a Violent Crime to conduct the *Colf* balancing test.
  • S.C. Court of Appeals Reversed conviction for Burglary, First-Degree based on the State’s failure to present substantial circumstantial evidence to survive the Defense Counsel’s Motion for a Directed Verdict (Note: S.C. Supreme Court reversed the Court of Appeals’ opinion).
  • S.C. Court of Appeals Reversed convictions for Trafficking Crack Cocaine and Possession of a Weapon during the Commission of a Violent Crime based on the Police Officer’s unlawful detention of Appellant during a traffic stop in violation of the Fourth Amendment (Note: S.C. Supreme Court reversed the Court of Appeals’ opinion).
  • S.C. Court of Appeals Reversed convictions for Trafficking Crack Cocaine, Possession with the Intent to Distribute within Proximity of a School, and Unlawful Carrying of a Pistol. The Court remanded for a New trial because the Trial Court improperly limited Defense Counsel cross-examination of the testifying co-defendant regarding her potential sentence exposure prior to accepting the Government’s plea deal.
  • S.C. Court of Appeals Reversed two convictions for Assaulting a Correctional Officer and remanded for a resentencing hearing in an Unpublished Opinion.

NOTABLE TRIALS

  • Obtained numerous not guilty verdicts in felony and misdemeanor jury trials. Significant felony trial experience, including but not limited to the following charges: Murder, Attempted Murder, Burglary, Armed Robbery, Kidnapping, Assault and Battery by Mob, Criminal Sexual Conduct, Distribution of Crack Cocaine.
  • Not guilty of two counts of Criminal Sexual Conduct (CSC), third degree, and Exploitation of a Vulnerable Adult (General Sessions Jury Trial).
  • Not guilty of Burglary, third degree, and Conspiracy (General Sessions Jury Trial).
  • Not guilty of Distribution of Crack Cocaine (General Sessions Jury Trial)
  • Not guilty of Armed Robbery and Kidnapping (second chair) (General Sessions)
  • Not guilty of Reckless Driving (Magistrate Court)

NOTABLE HEARINGS

  • Successfully argued motions to suppress (drug evidence, improper identification, and various other legal issues) and lack of probable cause at preliminary hearings.
  • Murder Charge Dismissed at Preliminary Hearing
  • Two (2) Rule to Show Cause Hearings for civil and criminal contempt before the South Carolina Supreme Court.
  • Two (2) remand hearings based on Motion for New Trial (After-Discovered Evidence)
  • Circuit Court Judge suppressed drug evidence during a pre-trial suppression hearing. Prosecutor dismissed the case.
  • Magistrate Court Judges dismissed DUI cases during pre-trial suppression hearings based on the State’s failure to provide requested evidence.
  • Motion to Terminate Community Supervision Probation (CSP) Granted
  • Objected to probation revocation based on the presiding judge’s failure to make specific findings of fact regarding the willfulness of the probationer’s failure to pay. Court of Appeals subsequently reversed and remanded the revocation in an unpublished opinion (Counsel did not argue this case on appeal).
  • Filed Petition for Reinstatement of Permanently Revoked Driver’s License, and the presiding General Sessions Court judge Reinstated Client’s driving privileges (subject to the conditions set by S.C. DMV).
  • See below for more Representative Dismissals.

NOTABLE AFTER-DISCOVERED EVIDENCE CASE

  • S.C. Court of Appeals held the direct appeal in abeyance and remanded for an evidentiary hearing.
  • Circuit Court Judge Vacated two (2) murder convictions and Life Without Parole sentences.
  • Granted a new trial based on after-discovered evidence (after two evidentiary hearings with expert and out-of-state witnesses)
  • Prosecutor dismissed Murder convictions without prejudice.
  • Co-Counsel with Chief Appellate Defender Robert Dudek.

REPRESENTATIVE DISMISSALS

Notable Dismissals:

  • Murder
  • Attempted Murder
  • Criminal Domestic Violence
  • Drug Trafficking Charges
  • DUI

Below are charges that Criminal Defense Lawyer Dayne Phillips defended and were ultimately dismissed:

  • Abuse of a vulnerable adult
  • Assault and battery
  • Attempted Murder
  • Bench Warrant for Contempt of Court
  • Breach of trust
  • Burglary
  • Burglary tools
  • Conspiracy
  • Controlled Substance
  • Criminal Domestic Violence
  • Domestic Violence of a High and Aggravated Nature
  • Distribution of crack cocaine
  • Distribution of marijuana
  • Driving under the influence
  • DUI
  • Forgery
  • Grand Larceny
  • Habitual Traffic Offender
  • Hit and run
  • Kidnapping
  • Manufacturing Methamphetamine
  • Murder
  • Obstruction of justice
  • Possession of crack cocaine
  • Possession of contraband
  • Possession of Methamphetamine
  • Receiving stolen good
  • Shoplifting; Stalking
  • Trafficking Cocaine
  • Trafficking heroin
  • Unlawful carrying of a pistol
  • Unlawful conduct towards a child; Unlawful disposal of methamphetamine.
  • Violation of Probation

NOTABLE GUILTY PLEAS

  • Client charged with Murder pled guilty to Voluntary Manslaughter for negotiated “time-served” sentence.
  • Juvenile Client charged with Criminal Sexual Conduct with a Minor in the First Degree adjudicated accepting responsibility for Assault and Battery in the Third-Degree and received a probationary sentence.
  • Three (3) clients (unrelated cases) charged with Attempted Murder; Each Client pled to a reduced charge and received a suspended sentence to probation.
  • Successfully negotiated a significant amount of DUI cases to the reduced charge of Reckless Driving.
  • Client pled to Attempted Armed Robbery and received a suspended sentence to probation.
  • Client charged with Trafficking Marijuana. Client pled to a reduced charge of Possession with the Intent to Distribute and received a suspended sentence to probation.
  • Numerous clients charged with Manufacturing Methamphetamine who received a suspended sentence to probation
  • Client charged with Distribution of Crack Cocaine and four (4) counts of Unlawful Conduct to a Child. Client pled to one (1) count of Unlawful Conduct and received a suspended sentence to probation.
  • Client proceeded to trial on Driving Under the Influence, 2nd offense. The State offered reckless driving during pretrial motions. Client accepted and pled guilty to reckless driving.

REPRESENTATIVE UNDER INVESTIGATION CASES

  • Client was under investigation for Rape (Criminal Sexual Conduct). After conducting an independent investigation and discussions with law enforcement (Lexington County Sheriff’s Department), the investigator determined that there was no probable cause to draft an arrest warrant.
  • Client was under investigation for Fraudulent Acquisition of Food Stamps. After numerous discussions with the Assistant Attorney General assigned to the case, the AAG decided not to seek an indictment against Client B and to allow her to pay back the money owed.
  • Represented numerous individuals under investigation.

REPRESENTATIVE PROFESSIONAL LICENSE DEFENSE CASES

  • Represented a licensed lawyer and disbarred lawyer before the Supreme Court of South Carolina on a Rule to Show Cause Hearing
  • South Carolina Department of Labor, Licensing and Regulation (LLR)
  • Client had a hearing before the Board of Medical Examiners and received a Private Reprimand.
  • Client had a hearing before the S.C. Board of Nursing and the case was dismissed.
  • Client had a hearing before the S.C. Board of Nursing and received a letter of caution.
  • Client had a hearing before the S.C. Board of Nursing and received a letter of caution.
  • Client had a hearing before the S.C. Board of Nursing and received a letter of caution.
  • Client had a hearing before the S.C. Board of Nursing and received a Private Final Order (Fine, Required ethics and training courses, probationary status, Compliance with RPP).
  • Client had a hearing before the S.C. Board of Nursing and received a Private Final Order (Private Reprimand, fine, and probationary status).
  • Client had a hearing before the S.C. Board of Nursing and received a Private Final Order (Private Reprimand, required ethics and training courses, fine, and probationary status).
  • Client had a hearing before the S.C. Board of Nursing on a license application hearing and the BON granted the application.
  • Also represented pharmacists before the S.C. Board of Pharmacy

*Disclaimer: *Any result the lawyer or law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients. Every case is unique and must be evaluated based on its specific facts and circumstances. In other words, the lawyer’s prior results listed below should not create an expectation that you will receive a favorable result in your case.