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Constitutional — Religious Freedom – Schools & School Boards – Graduation Prayers (access required)

American Humanist Association v. South Carolina Department of Education (Lawyers Weekly No. 002-099-15, 21 pp.) (Bruce Howe Hendricks, J.) 6:13-cv-02471; D.S.C. Holding: As the defendant-school district concedes, its previous practice for graduation prayers was unconstitutional. However, defendant’s new position neither ...

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Constitutional — First Amendment – Establishment Clause – Schools & School Boards – Graduation Ceremonies – Standing (access required)

American Humanist Association v. South Carolina Department of Education (Lawyers Weekly No. 002-093-15, 6 pp.) (Bruce Howe Hendricks, J.) 6:13-cv-02471; D.S.C. Holding: Although some of defendant’s schools use a Christian chapel for graduation ceremonies, the plaintiff-parents have moved out of ...

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Criminal Practice — Constitutional – Confrontation Clause – Witness Bias – Immigration Status – Harmless Error – Sentencing (access required)

State v. Perez (Lawyers Weekly No. 011-048-15, 6 pp.) (Cureton, A.J.) (John Few, C.J., concurring) Appealed from Charleston County Circuit Court (J. C. Nicholson Jr., J.) S.C. App. Unpub. Holding: The trial court should have allowed defendant to cross-examine a ...

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Criminal Practice — PCR – Attorneys – Ineffective Assistance Claim – Conflict of Interest – Unaffected Performance (access required)

Gonzales v. State (Lawyers Weekly No. 011-046-15, 21 pp.) (Aphrodite Konduros, J.) (Paul Short Jr., J., dissenting) Appealed from Spartanburg County Circuit Court (Roger Couch, J.) S.C. App. Holding: Although trial counsel should have recognized the conflict of interest between ...

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