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Dayne C. Phillips

Dayne C. Phillips

Practice areas:

Criminal Defense, Appeals

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About Me

ASSISTANT PUBLIC DEFENDER (April 2013 - Present):


*Notable Cases:



  1. 1st Chair - Not guilty of two counts of CSC, third-degree, and exploitation of a vulnerable adult.

  2. 1st Chair - Not guilty of distribution of crack cocaine.

  3. 1st Chair - Not guilty of burglary, third degree, and conspiracy.

  4. 2nd Chair - Not guilty of armed robbery and kidnapping.

  5. Represented a disbarred attorney before the South Carolina Supreme Court in a Rule to Show Cause Hearing filed by the Office of Disciplinary Counsel, alleging criminal and civil contempt for violating the Court's order (unauthorized practice of law and failure to pay fees/restitution).

  6. Motion to suppress drug evidence granted, which resulted in dismissal of the case based on the State’s failure to establish that the arresting officer had reasonable and articulable suspicion to justify the investigative detention and subsequent search.

  7. 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the willfulness of the probationer’s failure to pay; Court of Appeals reversed and remanded the revocation in an unpublished opinion.

  8. Three clients charged with attempted murder (unrelated cases) pled to a reduced charge and received a suspended sentence to probation. 


 


APPELLATE DEFENDER (July 2011 - April 2013):


- Filed over 100 Direct / PCR appeals in the South Carolina Supreme Court and Court of Appeals.



  1. Argued four appeals before the SC Supreme Court (three post Appellate Defense).

  2. Argued twenty appeals before the SC Court of Appeals (eight post Appellate Defense).

  3. Six reversals and one remand in the SC Court of Appeals.

  4. New trial granted based on after-discovered evidence in a double murder case.

  5. Counsel of record in twelve published opinions.

  6. Five Petitions for Writ of Certiorari granted (post Appellate Defense).

  7. Petition before the United States Supreme Court denied after record requested and scheduled in conference twice


 


*Notable Appeals:




  1. State v. Jackson, Op. No. 5278 (SC Ct. App. filed November, 5, 2014) (Reversed murder and armed robbery convictions).


  2. State v. Robinson, Op. No. 5224 (SC Ct. App. filed April 23, 2014) (Reversed trafficking cocaine conviction).


  3. State v. Robinson, Op. No. 2014-UP-068 (SC Ct. App. filed February 19, 2014) (Remanded first-degree burglary conviction).


  4. State v. Lane, Op. No. 5175 (SC Ct. App. filed October 9, 2013) (Reversed first-degree burglary conviction), rev'd, Op. No. 27464 (SC filed November 12, 2014) (Reversed Court of Appeals' opinion).


  5. State v. Moore, Op. No. 5160 (SC Ct. App. filed July 17, 2013) (Reversed trafficking cocaine conviction).

  6. State v. Pradubsri, Op. No. 5121 (SC Ct. App. filed May 1, 2013) (Reversed and remanded trafficking crack-cocaine conviction).


  7. State v. Eaglin, Op No. 2012-UP-218 (SC Ct. App. filed April 4, 2012) (Reversed and remanded two convictions for assaulting a correctional officer)


  8. State v. G. [Redacted], Motion for a new trial granted based on after-discovered evidence; the Court of Appeals held the appeal in abeyance and remanded the case to the trial judge, who held two hearings with expert and out-of-state witnesses.



 


NOTABLE TRAINING:


- Attended the U.S. Supreme Court Institute/Habeas Assistance & Training Seminar at the New York University School of Law.


- Taught by nationally recognized law professors John Blume and Anthony G. Amsterdam.


 


SOUTH CAROLINA DEPARTMENT EMPLOYMENT AND WORKFORCE:


Administative Hearing Officer: May 2011 - July 2011


- Ruled on matters of evidence, law, and procedure in over sixty unemployment appeal hearings.


 


BLUESTEIN, NICHOLS, THOMPSON AND DELGADO


Law Clerk, May 2006 - May 2011



-  Assisted attorney preparation in the following areas of law: Criminal defense; civil litigation; appellate practice; workers’ compensation; and social security/disability.


Assisted John Delgado in all phases of criminal defense, including three murder trials.


 


UNIVERSITY OF SOUTH CAROLINA SCHOOL OF LAW,


Juris Doctor 2010



  1. Dean’s List and Moot Court Bar

  2. ABA National Appellate Advocacy Competition, Miami Regional, 2010, 4th best brief (out of 32 teams).

  3. Criminal Practice Clinic: Motion to dismiss granted.


 


UNIVERSITY OF SOUTH CAROLINA,


Bachelor of Arts, 2007 Cum Laude


Major: Political Science


Minor: History


 


UPDATED: 5/21/15


 


*DISCLAIMER: This attorney profile, notable cases/appeals, and endorsements should not be considered as a description or characterization of Dayne Phillips' quality of representation and in no way should be interpreted as a guarantee of a specific result because every case is different and must be evaluated on its specific factual and legal issues.  This attorney profile, endorsements, and/or the Q&A function of this site does not create an attorney-client relationship nor does it constitute as legal advice. 

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Practice Areas

Licensed since 2011

  1. Criminal Defense: 99%
    1 year
  2. Appeals: 1%
    1 year

Attorney Endorsements

2 total

  • Dale Martin Savage

    I endorse this lawyer. I have consulted Dayne for advice before as he is incredibly knowledgable and his research skills are above most. If Dayne is your lawyer, he will present the best defense available to you.

    More 

    Dale Savage Criminal Defense Attorney
    Relationship: Fellow lawyer in community

  • Tristan M Shaffer

    I have known this lawyer since High School. He is very talented and dedicated to his clients.

    More 

    Tristan Shaffer Appeals Attorney
    Relationship: Co-worker

Contact Info

Lexington County Public Defender's Office

407 West Main St
Lexington, SC, 29072-2643

Resume

License
StateStatusAcquiredUpdated
SCGood Standing201106/15/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Work Experience
TitleCompany NameDuration
Assistant Public DefenderEleventh Judicial Circuit Public Defender's Office2013 - Present
Appellate DefenderAppellate Division, South Carolina Commission on Indigent Defense2011 - 2013
Administrative Hearing OfficerSouth Carolina Department of Employment and Workforce2011 - 2011
Law ClerkBluestein, Nichols, Thompson & Delgado, LLC2006 - 2011

Associations
Association NamePosition NameDuration
South Carolina Association of Criminal Defense LawyersBoard of Directors2014 - 2015
Lexington County Bar AssociationMember2014 - Present
United States Supreme CourtMember2014 - Present
South Carolina BarMember2011 - Present
South Carolina Association of Criminal Defense LawyersMember2011 - Present

Legal Cases
Case NameOutcome
State v. Jackson, Op. No. 5278 (SC Ct. App. filed November, 5, 2014)Reversed murder and armed robbery convictions
State v. Robinson, 408 S.C. 268, 758 S.E.2d 725 (Ct. App. 2014), Op. No. 5224 (SC Ct. App. filed April 23, 2014)Reversed trafficking cocaine conviction
State v. Moore, 404 S.C. 634, 746 S.E.2d 352 (Ct. App. 2013), Op. No. 5160 (SC Ct. App. filed July 17, 2013)Reversed trafficking cocaine conviction

See all Legal Cases 

Education
School NameMajorDegreeGraduated
University of South Carolina School of LawLawJD - Juris Doctor2010
University of South CarolinaPolitical ScienceBA - Bachelor of Arts2007
Charleston School of LawN/ATransferredN/A

Speaking Engagements
Conference NameTitleDate
South Carolina Association of Criminal Defense LawyersCriminal Defense 1012015
SUMMARY COURT JUDGES' ORIENTATION SCHOOLCriminal Defendant's Constitutional Rights2014