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Criminal trialPretrial

Alex Murdaugh murder retrial

State of South Carolina v. Richard Alexander Murdaugh

(WCBD News 2 · Embedded from the owner's channel)

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Bench Watch Brief · Where this case stands

Alex Murdaugh is awaiting a retrial in the 2021 killings of his wife, Maggie, and son Paul. The South Carolina Supreme Court overturned his murder convictions in May 2026, finding the county clerk improperly influenced the jury. The retrial is set for April 5, 2027, in Sumter County. He remains in prison for financial crimes.

The question at issue

Whether the state can again prove Murdaugh killed his wife and son, at a new trial held outside the 14th Judicial Circuit, under the Supreme Court's guidance on evidence of his financial crimes.

Why we're following it

On May 13, 2026, the South Carolina Supreme Court unanimously reversed Murdaugh's 2023 murder convictions. It found that Colleton County Clerk of Court Becky Hill “placed her fingers on the scales of justice,” denying him “his right to a fair trial by an impartial jury” (Opinion No. 28329).

Bench Watch BreakdownThe right to an impartial juryShow or hide the explanation
What it means
Everyone charged with a crime has the right to a jury that decides only on the evidence in court. If someone outside the case tries to sway the jurors, the verdict can be thrown out.
In this case
The state's top court found the county clerk made comments to jurors that went too far. The state couldn't show they didn't affect the verdict, so the court threw out the convictions.
Why it matters
The rule protects everyone. That includes people the public has already judged.

Remmer v. United States (1954)

The court didn't find the evidence too weak to convict. That matters because it means the state can try him again, and Attorney General Alan Wilson's office says it will (NPR). Wilson also said the ruling “does not mean Murdaugh will be released” (WIS).

Bench Watch BreakdownNew trial and double jeopardyShow or hide the explanation
What it means
Double jeopardy means you can't be tried twice for the same crime. But if a conviction is thrown out because of a mistake at trial, the state can try the case again.
In this case
The court found an error at trial, not that the evidence was too weak. So prosecutors can retry Murdaugh, and they plan to. The retrial is set for April 2027.

Burks v. United States (1978)

The court also gave the retrial judge guidance. It said the first trial let prosecutors go “far too long and far too deep” into Murdaugh's financial crimes, about 12.5 hours of testimony over 10 days (Opinion No. 28329).

Bench Watch BreakdownEvidence of other crimesShow or hide the explanation
What it means
A jury usually can't hear about other bad acts just to show someone is a bad person. A judge can let some in for another reason, like motive, if it isn't unfair.
In this case
At the first trial, jurors heard 12.5 hours of testimony on Murdaugh's money crimes. The top court said that went “far too long and far too deep.” If the retrial judge lets some in, the state must present it efficiently.

S.C. Rule of Evidence 404

Hill resigned and later pleaded guilty to perjury, obstruction and misconduct in office. She was not charged with jury tampering (NBC News). At a 2024 hearing, she denied trying to influence the jury (Opinion No. 28329; CBS News).

Timeline

  1. Pretrial conference and deadline for the juror questionnaire, Sumter County

  2. Judge hears the defense's motion to dismiss the murder indictments; she says a written order should come by Nov. 20

  3. Defense files a memo supporting its motion to dismiss the murder indictments

  4. Judge allows the defense its own DNA testing; denies its request for regional ballistics records

  5. Hearing on evidence disputes (DNA, phones, ballistics, crime-scene scans), Lexington

  6. Defense disputes the state's claim about phone records

  7. Judge moves the retrial to Sumter County

  8. Judge rules the retrial can't be held in the 14th Circuit; bars polygraph evidence

  9. Retrial set for April 5, 2027

  10. Judge Debra R. McCaslin assigned to the case

  11. S.C. Supreme Court reverses the murder convictions and orders a new trial

  12. S.C. Supreme Court hears the appeal

  13. Clerk Becky Hill pleads guilty to perjury, obstruction and misconduct in office

  14. Judge denies Murdaugh's motion for a new trial, which claimed the clerk tampered with the jury

  15. Murdaugh files for a new trial, alleging jury tampering by the clerk

  16. Sentenced to life in prison (later reversed)

  17. Jury finds him guilty of murder (later reversed)

  18. Murder trial begins in Walterboro

  19. Indicted on two counts of murder

  20. Maggie Murdaugh, 52, and Paul Murdaugh, 22, are killed at the family's Colleton County property

Primary documents

Our coverage

Key questions

Why was Alex Murdaugh's murder conviction overturned?
On May 13, 2026, the South Carolina Supreme Court unanimously found that Colleton County Clerk of Court Becky Hill improperly influenced jurors, violating his right to an impartial jury. The court did not find the evidence insufficient, so the state can retry him.
When is the Alex Murdaugh retrial?
The retrial is set to begin April 5, 2027, in Sumter County, before Judge Debra R. McCaslin. The next pretrial conference is Jan. 20, 2027, also in Sumter County.
Is Alex Murdaugh still in prison?
Yes. His life sentences fell with the reversed murder convictions, but he is serving concurrent sentences of 27 years in state prison and 40 years in federal prison for financial crimes he pleaded guilty to.

Approach the Bench · How you can take part

  1. Watch in person

    The next hearing is Jan. 20, 2027

    The next pretrial conference is Jan. 20, 2027, in Sumter County. The retrial is set to start there April 5, 2027.

    Follow the case file

  2. Learn more

    Read the ruling that ordered a new trial

    The South Carolina Supreme Court's unanimous opinion explains why the clerk's conduct cost Murdaugh a fair trial.

    Read Opinion No. 28329

  3. Contact your officials

    Tell your officials what you think

    Who runs court offices, and how jurors are protected, is set by state law and state officials.

    Find your officials

Disagree with a ruling? Only the people in a case can appeal it. You can still be heard by contacting your officials, voting in judicial elections where judges are elected and telling us what we're missing.

See something? Tell Bench Watch at tips@bench-watch.org. A wrong ruling is a matter for appeal. You can report bias or misconduct by a judge to your state's judicial conduct office.

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In court and in the news

Clips from the outlets that covered the case, each credited.

  • Judge McCaslin proposes the retrial date

    Live 5 News

  • South Carolina Supreme Court overturns the murder convictions

    Associated Press

  • Full hearing: the appeal at the South Carolina Supreme Court

    News 19 WLTX

  • The Aug. 14 retrial hearing

    Live 5 News