EvidenceProf Blog

Editor: Colin Miller
Univ. of South Carolina School of Law

Friday, October 6, 2017

Judge Culbertson Denies Jamar Huggins's Motion for a New Trial

We finally got Judge Culbertson's order in the Jamar Huggins case, and Judge Culbertson has denied him Jamar's motion for a new trial (Download Huggins Order). This was not unexpected based upon oral arguments. The question was whether Deaungela Montgomery's post-trial statement identifying someone else as the true perpetrator of the home invasion was "new evidence," and Judge Culbertson seemed pretty skeptical of this claim. And now, in his order, Judge Culbertson clearly concludes that this information could have been obtained before trial or during trial with due diligence.

That's bad for the motion for a new trial, but it seems to strongly support a claim of ineffective assistance of trial counsel. But, before we get to that appeal, there will be an appeal of the Judge Culbertson's order. So, it could take a while, but I'm still confident that justice will ultimately be served.

-CM

http://lawprofessors.typepad.com/evidenceprof/2017/10/we-finally-got-judge-culbertsons-order-in-the-jamar-huggins-case-and-judge-culbertson-has-denied-him-relief-download-huggin.html

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Comments

Are we expecting a decision on the States appeal of Adnans new trial soon?

Posted by: Tim M | Oct 10, 2017 3:49:20 PM

We just finished the Undisclosed podcast about Jamar’s case. Flabbergasted. Why couldn’t the prosecutor dismiss the trial once the sole “witness” recanted on the stand? And the judge? Ugh.

Posted by: Jillian T | Mar 30, 2018 1:21:44 PM

I just finished the Undisclosed podcast episodes about Jamar's case and new details you can share? unable to find anything online.

Posted by: Jessica C Sousa | Jul 16, 2018 1:22:38 PM

I know mr Huggins he not that type of person he was a cool young man who looked after his grandma.he wouldn't risk that for nobody in horry county all black man guilty to the eyes of white people.no reliable wittiness.and they recanted.so what's the issue Free me Huggins

Posted by: Delaware | Aug 8, 2018 3:16:46 PM

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