State v. John McCarty

Syllabus

John W. McCarty (\Petitioner\) was charged with murder and possession of a weapon during the commission of a violent crime. Petitioner maintained he acted in defense of another and filed a motion seeking immunity from criminal prosecution pursuant to the South Carolina Protection of Persons and Property Act (\Act\).1 After a pretrial hearing, the circuit court denied the motion, and Petitioner was subsequently tried and convicted as charged. On appeal, Petitioner challenged the circuit court's ruling as to immunity, and the court of appeals affirmed in State v. McCarty, 2020-UP-269 (S.C. Ct. App. filed Sept. 23, 2020). This Court has granted a petition for a writ of certiorari to consider Petitioner's arguments that (1) the court of appeals erred in failing to hold the circuit court abdicated its role as the fact-finder by ruling a jury, not the court, must decide whether the individual Petitioner was defending was without fault in bringing on the difficulty and (2) this Court should conclude Petitioner is entitled to immunity. We agree with Petitioner as to the first issue, but hold the issue of immunity should be decided in the first instance by the circuit court. As a result, we reverse the decision of the court of appeals and remand the matter to the circuit court to make the necessary findings.