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South Carolina AG Says Death Penalty on Table for Alex Murdaugh Retrial

The case returns to trial after the state high court found juror interference.

Overview

  • The South Carolina Supreme Court, which ruled Wednesday, threw out Alex Murdaugh’s 2023 murder convictions and ordered a new trial after finding the trial clerk improperly influenced jurors.
  • Attorney General Alan Wilson said Friday his office will seek a retrial as soon as possible and that all options, including the death penalty, are under review, while noting Murdaugh remains imprisoned for financial crimes.
  • The justices signaled a narrower case the next time, faulting the first trial for allowing extensive testimony about Murdaugh’s unrelated financial wrongdoing that carried a high risk of unfair prejudice.
  • Legal experts say double jeopardy does not block a new trial because the convictions were overturned on appeal rather than vacated for lack of evidence or followed by an acquittal.
  • Key hurdles now include a likely venue fight, witness availability and fading memories, and heavy publicity that could make seating an impartial jury more difficult.