Alex Murdaugh will be tried again for murder. Here's where the case stands.

Three years after a jury found him guilty, Alex Murdaugh is again presumed innocent of killing his wife, Maggie, and son Paul. On May 13, the South Carolina Supreme Court unanimously reversed his convictions and ordered a new trial (Opinion No. 28329).

Why the convictions were thrown out

The court found that Colleton County Clerk of Court Becky Hill made comments to jurors that were “more than innocuous interventions.” Once that was shown, the state had to prove the comments didn't affect the verdict, and it “simply was unable to meet this heavy burden.” The court called her conduct “breathtaking and disgraceful” (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)

Hill 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).

Why he can be tried again

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)

What changes at the retrial

The retrial will be held in Sumter County (Post and Courier). Judge Debra R. McCaslin had ruled it couldn't take place anywhere in the 14th Circuit, which includes Colleton County, and she barred the defense from using Murdaugh's polygraph test at trial (ABC News).

The Supreme Court said that if jurors hear about Murdaugh's financial crimes again, the state must present that evidence efficiently. At the first trial, that testimony took 12.5 hours 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

The fight over evidence

The defense has pressed for DNA material, cellphone data, ballistics records and crime-scene scan data (WRDW). Prosecutors said they had already turned over the phone records at the first trial; the defense disputes that (Live 5).

At an Oct. 16 hearing in Lexington, Judge McCaslin let the defense run its own tests on remaining DNA samples from Maggie Murdaugh's fingernails and phone, which earlier showed an unknown man's DNA (WIS via WTOC; AP; Live 5). “We're talking about the state's leftovers,” defense lawyer Phil Barber said (WCIV).

She denied the defense's request for ballistics records from other shootings, finding it hadn't shown the records were material (Live 5). “This is a court. This isn't a soundbite,” she told the lawyers (WCIV).

On Oct. 30, the defense filed a memo backing its motion to dismiss the murder indictments. It alleges the former lead SLED agent gave the grand jury false testimony about blood spatter on Murdaugh's shirt and how the farm's shotguns were loaded. The state denies the agent knowingly lied (Post and Courier; Greenville News).

At a Nov. 13 hearing in Lexington, defense lawyer Jim Griffin asked McCaslin to dismiss the indictments without prejudice, so prosecutors could take the case back to a grand jury. “What we're asking, Your Honor, is a reboot,” he said (WIS).

Prosecutor Creighton Waters said the agent testified to what investigators understood at the time, and that other evidence supported the charges. McCaslin told the defense the motion carries “a pretty high burden and it's your burden,” and she didn't rule from the bench (WLTX; WIS).

Where he is now

Murdaugh remains in prison, serving concurrent sentences of 27 years (state) and 40 years (federal) for financial crimes he pleaded guilty to (Opinion No. 28329). His lawyers say he “has said from day one that he did not kill his wife and son” (NPR).

What happens next

Judge McCaslin said she would try to issue a written order on the dismissal motion by Nov. 20 (WIS). The defense wants prosecutors to go back to the Colleton County grand jury, which meets Dec. 10 (Greenville News).

The next hearing is Jan. 20, 2027, in Sumter County, when the judge wants a juror questionnaire ready. The retrial is set for April 5, 2027 (WIS; WLTX).