Sidney Moorer's attorney appeals conviction to S.C. Supreme Court
Both are also Appealing Kidnapping Convictions ..
Elvis was 20-years-old when she disappeared. The Socastee woman's car was found at Peachtree Landing in December 2013.
After the S.C. Court of Appeals denied his appeal to overturn the conviction in July, Moorer's attorney, Susan Barber Hackett, with the Office of Appellate Defense, said they've filed a petition asking the higher court to review it.
Moorer was found guilty in August 2017 of obstructing justice and sentenced to 10 years in jail, with credit for 1 year of time he has already served.
Barber Hackett wrote in the petition that the Court of Appeals erred by keeping the trial judge's decision to deny Moorer's directed verdict motion.
RELATED: New videos and text messages released in the Heather Elvis case
A directed verdict motion is a motion that a defendant's attorney makes to the trial judge to dismiss the charges, arguing that the government has failed to prove its case. The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence, according to the American Bar Association.
The trial judge denied the motion in 2017.
At the end of the trial in 2017, Judge R. Markley Dennis, Jr., said part of the reason for the sentence was to send a message to the community that people can't hinder an investigation.
"We have to get the public to understand what we heard over and over again, every minute counts and it does and it makes a difference," Denis said at the time. "You delayed the process, you hindered the process and we can't have that going on in our community."
The court of appeals said at the time that their decision to uphold the trial judge's decision was based upon its conclusion that Moorer's "lies and omissions to police constituted obstruction of justice where the undisputed evidence showed no change in the police investigation as a result and no impact on any judicial proceedings," according to the petition.
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The court of appeals ruled that "the trial court did not err in denying Moorer's motion for a directed verdict because substantial circumstantial evidence existed reasonably tending to prove Moorer's guilt."
Barber Hackett said "We are hopeful the South Carolina Supreme Court will review Mr. Moorer’s case, reverse his conviction, and provide additional guidance to the citizens of South Carolina on the exact contours of the criminal offense of obstruction of justice."
RELATED: A timeline of events in the Heather Elvis case
Now, the matter could be reviewed by the state supreme court. As of Tuesday, the state supreme court had not made a decision yet on whether to hear the case according to its roster.
Even if the state supreme court were to side with Moorer and overturn his conviction, he would still be in prison on a separate conviction.
In September 2019, Moorer was sentenced to 30 years in prison on the charges of kidnapping and conspiracy to kidnap. His wife, Tammy Moorer, was also convicted and sentenced to 30 years in prison.
Tammy and Sidney Moorer are both appealing their convictions for those cases. They were both originally charged with Elvis' murder, but those charges were dropped.
As of December 2020, Elvis still hasn't been found.
https://wpde.com/news/local/sidney-moorers-attorney-appeals-conviction-to-sc-supreme-court
