Disgraced former South Carolina lawyer Alex Murdaugh’s dramatic downfall was sealed following a sensational six-week 2023 trial through which he was convicted of murdering his spouse and son.
But the long-running saga involving the scion of a outstanding and highly effective household of native attorneys and solicitors took an sudden flip this week when the South Carolina Supreme Court on Wednesday overturned the murder convictions.
Saying the trial was marred by the “improper” affect of the county clerk, Becky Hill, the court ordered a brand new trial for Murdaugh within the killing of his spouse, Maggie, and 22-year-old son, Paul, in June 2021.
While the US Constitution’s double jeopardy clause usually forbids subsequent prosecutions after an acquittal, it doesn’t apply if a defendant’s conviction is later overturned, in keeping with authorized consultants.
“It’s a do-over,” Jill Konviser, a former New York State Supreme Court justice, stated by way of electronic mail.
The 5-0 ruling additionally vacated the 2 life sentences Murdaugh had obtained for the murder convictions. Still, he has individually pleaded responsible to dozens of monetary crimes and can stay behind bars on concurrent state and federal sentences of 27 and 40 years.
Attorney General Alan Wilson stated his workplace plans to retry Murdaugh on the murder expenses “as soon as possible.”
Wilson instructed reporters his “hope is to get this case retried by the end of the year,” however famous the window continues to be open for his crew to ask the South Carolina Supreme Court to rethink its resolution or to attraction to the Supreme Court of the United States.
SC lawyer normal says he is dissatisfied Murdaugh’s murder convictions have been overturned
The double jeopardy clause of the Fifth Amendment prevents making an attempt a defendant once more for against the law after a verdict of not responsible.
“The Double Jeopardy Clause is not violated by a second trial in these circumstances, where the new trial is necessitated by errors in the first trial that are the grounds for a defendant’s successful appeal,” Jessica Roth, a former prosecutor and professor on the Cardozo School of Law in New York, stated in an electronic mail.
“The Double Jeopardy Clause would bar a second prosecution by South Carolina for the same offense had Murdaugh been acquitted at the first trial, or had the appellate court found there was insufficient evidence to support a guilty verdict,” Roth added, “but that is not what occurred in this case.”
Court overturns Alex Murdaugh’s murder convictions, orders new trial
In the Murdaugh case, the consultants stated, double jeopardy is just not at concern in a second trial due largely to what the South Carolina Supreme Court known as “shocking jury interference” by the court clerk who oversaw jurors.
“Double jeopardy doesn’t apply because it’s the same case,” Konviser stated. “It’s a continuing matter, it’s still pending, it’s not final.”
Konviser stated the choice this week “effectively wiped the slate clean” by remanding the case for a brand new trial.
“The answer is that double jeopardy applies one way and one way only, and that is that if the prosecution tries you and they don’t succeed, it’s over. They can’t come back at you,” NCS authorized analyst Joey Jackson stated.
“If a defendant loses and petitions for a new trial, that’s another story … If I get convicted, and I file an appeal and that murder conviction is overturned, it’s not double jeopardy because it actually enures to my benefit to have another trial,” Jackson stated.
The court’s ruling stated Hill “placed her fingers on the scales of justice, thereby denying Murdaugh his right to a fair trial by an impartial jury.”
“Although we are aware of the time, money, and effort expended for this lengthy trial, we have no choice but to reverse the denial of Murdaugh’s motion for a new trial due to Hill’s improper external influences on the jury and remand for a new trial,” the justices wrote.
Murdaugh’s attorneys appealed the murder convictions, saying the trial was tainted by the county clerk’s improper feedback to jurors, prejudicial proof and failures at trial. Hill later pleaded responsible to legal expenses related to the case.
Prosecutors argued the convictions ought to stand. Murdaugh’s convictions have been based mostly on overwhelming proof and he was “obviously guilty,” they stated. Prosecutors acknowledged the clerk’s feedback have been inappropriate however stated they have been minor within the grand scheme of the trial.
Murdaugh’s attorneys, Dick Harpootlian and Jim Griffin, praised the ruling in a press release.
“The Supreme Court’s decision today affirms that the rule of law remains strong in South Carolina,” they stated. “We look forward to a new trial conducted consistent with the Constitution and the guidance this Court has provided.”
Murdaugh was a accomplice at a strong legislation agency along with his identify on it. But his eventual unraveling included accusations of misappropriated funds, his resignation, a weird alleged suicide-for-hire and insurance coverage rip-off plot, a stint in rehab for drug habit, dozens of monetary crimes, his disbarment and, in the end, the murder expenses.
Murdaugh’s attraction centered on allegedly inappropriate feedback to jurors from Hill, who labored throughout Murdaugh’s trial and later wrote a tell-all e-book about it.
Hill has denied making most of those feedback. She admitted she instructed the jurors Murdaugh’s testimony was a “big day” however likened her feedback to a “pep talk” that didn’t point out favor for one facet or the opposite.
Hill was charged last May with perjury, obstruction of justice and misconduct. The expenses alleged she made sealed proof accessible to the media, lied underneath oath about doing so, and used her court place to advertise her e-book in regards to the trial. She pleaded guilty to the costs in December 2025 and was sentenced to 3 years of probation.