State v. John Joseph Erb
Syllabus
We issued a common law writ of certiorari to the circuit court to determine whether the trial court erred in finding the State may retry John Joseph Erb for murder after issues arose during jury polling at the conclusion of his trial. We reverse the trial court and hold Erb cannot be retried for murder. We also hold double jeopardy bars Erb from being tried for voluntary manslaughter.
Opinion Excerpt
THE STATE OF SOUTH CAROLINA In The Supreme Court The State, Respondent, v. John Joseph Erb, Petitioner. Appellate Case No. 2024-001518 ON WRIT OF CERTIORARI TO THE CIRCUIT COURT Appeal from Charleston County Bentley J. Price, Circuit Court Judge Opinion No. 28298 Heard April 22, 2025 – Filed September 3, 2025 REVERSED Senior Assistant Public Defender Benjamin Andrew Mack, Circuit