Case Results

Dayne Phillips is an accomplished advocate in the courtroom with an incredible 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.

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 HEARINGS, TRIALS, AND APPEALS

(current as of December 1, 2017)

  • Successfully argued before both the SC Court of Appeals and Supreme Court of South Carolina
  • State v. R. [Redacted], December 1, 2017, Murder charge dismissed at Preliminary Hearing in Lexington County, SC.
  • Obtained numerous not guilty verdicts in felony jury trials and successfully argued motions to suppress (drug evidence, identification, and various other legal issues).
  • 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.
  • Filed over one hundred (100) appeals in the South Carolina Court of Appeals and Supreme Court of South Carolina, and Counsel of Record in seventeen (17) published opinions out of twenty-five (25) oral arguments.
  • Represented a licensed attorney and a disbarred attorney before the South Carolina Supreme Court in two Rule to Show Cause hearings for civil and criminal contempt.
  • S.C. Supreme Court
    Argued five (5) appeals and two (2) Rule to Show Cause hearings before the Supreme Court.
    Obtained one (1) Affirmance and one (1) new legal standard in the Supreme Court.
    Drafted five (5) Petitions for Writ of Certiorari granted by the Court.
  • S.C. Court of Appeals
    Argued twenty (20) direct appeals Before the Court of Appeals.
    Obtained seven (7) Reversals, one (1) remand, and one (1) harmless error in the S.C. Court of Appeals.

State v. Robinson, Op. No. 27617 (S.C. Sup. Ct. filed March 30, 2016)

  • The Supreme Court of South Carolina Affirmed as Modified the Court of Appeals’ reversal of the Robinson’s conviction for Trafficking Cocaine. Evidence suppressed because the “Officer’s testimony makes clear that he knowingly and intentionally made false statements in the search-warrant affidavit.”
  • SC Opinions

In re S. [Redacted], S.C. Supreme Court, September 23, 2015

  • Represented a licensed attorney before the Supreme Court of South Carolina in a Rule to Show Cause hearing on allegations of civil and criminal contempt.
  • The Court held, “[a]fter considering the return and holding arguments in this matter, the rule to show cause for contempt is hereby dissolved and dismissed.”

Wigington v. State, Op. No. 5340 (S.C. Ct. App. filed August 12, 2015)

  • Reversed convictions for Murder and Possession of a Weapon During the Commission of a Violent Crime, and remanded for a New Trial. Petitioner was entitled to an involuntary manslaughter jury instruction.
  • COA Opinions

State v. Counts, Op. No. 27546 (S.C. Sup. Ct. filed July 8, 2015)

  • The Court’s opinion created a new legal standard in SC: 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.
  • SC Opinions

State v. E. [Redacted], May 21, 2015

  • Not guilty of Burglary, third degree, and Conspiracy (General Sessions Jury Trial).

State v. R. [Redacted], April 14, 2015

  • Not guilty of Distribution of Crack Cocaine (General Sessions Jury Trial)

State v. S. [Redacted], February 26, 2015

  • Not guilty of two counts of Criminal Sexual Conduct (CSC), third degree, and Exploitation of a Vulnerable Adult (General Sessions Jury Trial).

State v. C. [Redacted], November 6, 2014

  • Not guilty of Armed Robbery and Kidnapping (second chair) (General Sessions)

State v. Jackson, Op. No. 5278 (S.C. Ct. App. filed November 5, 2014)

  • Reversed convictions for Murder and Armed Robbery and remanded for a new trial. The Trial Court violated Jackson’s Sixth Amendment right of confrontation.
  • COA Opinions

State v. Hendricks, Op. No. 5225 (S.C. Ct. App. Refiled June 30, 2014)

  • S.C. Court of Appeals found that the trial court erred in admitting a hearsay statement. Harmless error to admit hearsay statement contained in a 911 recording, affirming convictions for kidnapping and two counts of criminal sexual conduct, first degree.
  • COA Opinions

State v. Robinson, Op. No. 5224 (S.C. Ct. App. filed April 23, 2014)

  • Reversed Trafficking Cocaine conviction. Evidence suppressed because the search warrant affidavit failed to provide the issuing judge with information as to the confidential informant’s reliability.
  • COA Opinions

State v. Robinson, 2014-UP-068 (S.C. Ct. App. filed February 19, 2014)

  • Remanded convictions for Burglary, First Degree, and Possession of a Weapon During the Commission of a Violent Crime. New hearing on the balancing test.
  • COA Opinions

State v. M. [Redacted], October 17, 2013

  • Drug evidence suppressed during Pre-Trial hearing. Case dismissed.

State v. Lane, Op. No. 5175 (S.C. Ct. App. filed October 9, 2013), rev’d, Op. No. 27464
(S.C. Sup Ct. filed November 12, 2014)

  • S.C. Supreme Court reversed the Court of Appeals’ reversal of the First-Degree Burglary conviction. The issue was whether the State had presented substantial circumstantial evidence to survive the Defense’s Motion for a Directed Verdict.
  • COA Opinions
  • SC Opinions

State v. Moore, Op. No. 5160 (S.C. Ct. App. filed July 17, 2013), rev’d, Op. No. 27602
(S.C. Sup. Ct. filed January 27, 2016)

  • S.C. Supreme Court reversed the Court of Appeals’ reversal of the convictions for Trafficking Crack Cocaine and Possession of a Weapon during the Commission of a Violent Crime.
  • COA Opinions
  • SC Opinions

State v. T. [Redacted], May 24, 2013

  • 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).

State v. Pradubsri, Op. No. 5121 (S.C. Ct. App. filed May 1, 2013)

  • Reversed convictions for Trafficking Crack Cocaine, PWID within Proximity of a School, and Unlawful Carrying of a Pistol, and remanded for a New trial.
  • Trial Court improperly refused Defense Counsel’s cross-examine of the testifying co-defendant regarding her potential sentence exposure prior to accepting the Government’s plea deal.
  • COA Opinions

State v. Eaglin, 2012-UP-218 (SC Ct. App. filed April 4, 2012)

  • Reversed two convictions for Assaulting a Correctional Officer and remanded for a resentencing hearing.
  • UnPub Opinion

NOTABLE AFTER-DISCOVERED EVIDENCE / INNOCENCE / EXONERATION CASE

State v. Gagnon, 2013 (Case featured on Dateline)

  • Two Murder convictions vacated and dismissed without prejudice (Co-counsel with Chief Appellate Defender Robert Dudek)
  • Motion to hold appeal in abeyance and remand to circuit court granted;
  • Motion for a new trial granted based on after-discovered evidence;
  • Vacated two Life Without Parole Sentences after two evidentiary hearings with expert and out-of-state witness.
    Murder charges dismissed.
  • https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=4698
  • http://www.innocenceproject.org/cases-false-imprisonment/richard-gagnon

REPRESENTATIVE DISMISSALS

Cases dismissed below were not in exchange for a plea deal with a Prosecutor: Serious felony charges, and numerous DUI and Domestic Violence (CDV) cases dismissed in Magistrate Court.

  • Abuse of a vulnerable adult; Assault and battery
  • Bench Warrant for Contempt of Court; Breach of trust; Burglary; Burglary tools
  • Conspiracy; Criminal Domestic Violence; Domestic Violence of a High and Aggravated Nature; Controlled Substance
  • Distribution of crack cocaine; Distribution of marijuana; Driving under the influence (DUI)
  • Forgery
  • Grand Larceny
  • Habitual Traffic Offender; Hit and run
  • Kidnapping
  • Manufacturing methamphetamine
  • 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.

NOTABLE GUILTY PLEAS

State v. C.; State v. M.; State v. W. [Redacted], 2013 and 2014

  • Three (3) clients (unrelated cases) charged with Attempted Murder; Each pled to a reduced charge and received a suspended sentence to probation.

Driving Under the Influence Cases

  • Successfully negotiated a significant amount of DUI cases to the reduced charge of Reckless Driving.

State v. B. [Redacted], November 18, 2014

  • Client pled to Attempted Armed Robbery and received a suspended sentence to probation.

State v. M. [Redacted], October 16, 2014

  • 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.

State v. E.; State v. J.; State v. M.; State v. J.W.; State v. S.W. [Redacted], 2013 – 2015

  • Numerous clients charged with Manufacturing Methamphetamine who received a suspended sentence to probation.

State v. R. [Redacted], August 8, 2013

  • 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.

State v. C. [Redacted], July 22, 2013

  • 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 A 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 B 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.

NOTABLE LLR PROFESSIONAL LICENSE DEFENSE CASES

South Carolina Department of Labor, Licensing & Regulation (LLR)

South Carolina Board of Nursing

December 27, 2017 – Non-Disciplinary Letter of Caution

  • Hearing before the SC Board of Nursing
  • Letter of Caution

December 27, 2017 – Final Order (Private)

  • Hearing before the SC Board of Nursing
  • Fine, Required ethics and training courses, probationary status, Compliance with RPP

December 19, 2017 – Final Order (Private) #1

  • Hearing before the SC Board of Nursing
  • Private Reprimand, fine, and probationary status

December 19, 2017 – Final Order (Private) #2

  • Hearing before the SC Board of Nursing
  • Private Reprimand, required ethics and training courses, fine, and probationary status

December 1, 2017 – Final Order of Dismissal

  • Hearing before the Board of Nursing
  • Case Dismissed

October 4, 2017 – Letter of Caution

  • Nursing License Hearing
  • Dismissed. SC Nursing Board issued a Letter of Caution

September 29, 2017 – License Granted

  • Nursing License Application Hearing
  • Granted

September 28, 2017 – Letter of Caution

  • Nursing License Hearing – Memorandum of Agreement (MOA) after LLR Complaint and Investigation.
    LLR Attorney asked for a Public Reprimand
  • Received Letter of Caution

South Carolina Board of Medical Examiners

November 8, 2016 – Private Reprimand

  • Board of Medical Examiners – Final Order Hearing (Disciplinary)
    LLR Attorney asked for a Public Reprimand
  • Received Private Reprimand

DRIVER’S LICENSE REINSTATEMENT (REVOKED LICENSE)

General Sessions Court – Petition for Reinstatement of Permanently Revoked
Driver’s License

  • Granted – Reinstated his driving privileges (subject to the conditions set by SC DMV)

PROBATION AND COMMUNITY SUPERVISION PROGRAM VIOLATIONS

May 12, 2017

  • Probation Agent recommended a partial revocation
  • Motion to Terminate CSP Granted.

Numerous Violation of Probation cases dismissed.

* 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.

Case Results