Cricket Store 17, LLC v. City of Columbia (Lawyers Weekly No. 002-040-14, 26 pp.) (Terry L. Wooten, Ch.J.) 3:13-cv-03557; D.S.C. Holding: Plaintiff, a retailer of sexually oriented merchandise, has failed to show that it is likely to succeed on the ...Read More »
Criminal Practice – Constitutional – Confrontation Clause – Physical Evidence – Chain of Custody – Custodians’ Testimony – Anonymous Internet Posting
State v. Brockmeyer The Confrontation Clause did not require every custodian of the physical evidence against defendant (a t-shirt, a gun, a shell casing, a magazine and a bullet) to testify. The custodians’ evidence logs do not purport to prove any fact necessary to defendant’s murder conviction.
Tagged with: Violent CrimeRead More »
Constitutional – First Amendment – Religious Freedom – Neutral Principles of Law — Tort/Negligence – Defamation — Congregational Meeting – Church Trustees
Banks v. St. Matthew Baptist Church The defendant-pastor’s allegedly defamatory remarks were made in the context of a congregational meeting, at which the issue of whether plaintiffs would continue as the church’s trustees was discussed; nevertheless, our courts can decide whether the remarks were defamatory pursuant to neutral principles of law without delving into church doctrine or governance.
Tagged with: DefamationRead More »
Constitutional – Full Faith & Credit – Civil Money Judgment – Public Policy – Alienation of Affection & Criminal Conversation – Tort/Negligence – Domestic Relations
Widenhouse v. Colson Even though the causes of action of criminal conversation and alienation of affections are contrary to S.C. public policy, and even though S.C. Code Ann. § 15-35-960 of the S.C. Uniform Enforcement of Foreign Judgments Act says, “The provisions of this article do not apply to foreign judgments based on claims which are contrary to the public policies of this State,” application of § 15-35-960 to prevent enforcement of respondent’s North Carolina alienation of affections and criminal conversation judgment would violate the Full Faith and Credit Clause of the U.S. Constitution.
Tagged with: Foreign JudgmentsRead More »
State v. Dykes Where the General Assembly based its statutory scheme of the satellite monitoring of sex offenders on the likelihood of re-offending, S.C. Code Ann. § 23-3-540(H) – which precludes judicial review for persons convicted of criminal sexual conduct with a minor in the first degree or lewd act on a minor – is unconstitutional.
Tagged with: sexual conductRead More »
Constitutional – FOIA – First Amendment – Freedoms of Speech & Association – Non-Profit Corporation – Public Funds
Disabato v. South Carolina Association of School Administrators If a fact inquiry reveals that defendant is a public body subject to the Freedom of Information Act because it receives public funds en masse, then application of the FOIA to defendant does not burden defendant’s First Amendment rights of speech and association substantially more than necessary to serve the important state interests furthered by the FOIA.
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Constitutional – Dual Office-Holding – Ex Officio Exception — Separation of Powers — Transportation Infrastructure Bank – Legislator Members
South Carolina Public Interest Foundation v. South Carolina Transportation Infrastructure Bank Since the respondent Transportation Infrastructure Bank’s board of directors has the power to “borrow money through issuance of bonds and other forms of indebtedness,” and since it is within the province of the legislature to incur debt on behalf of the state, there is a constitutional nexus between the powers and responsibilities of the directors on the board and members of the General Assembly
Tagged with: General AssemblyRead More »
State v. Dykes Where the General Assembly based its imposition of lifetime satellite monitoring of sex offenders on the likelihood of re-offending, S.C. Code Ann. § 23-3-540(H) – which precludes judicial review for persons convicted of criminal sexual conduct with a minor in the first degree or lewd act on a minor – is unconstitutional
Tagged with: sex offendersRead More »
Constitutional – Separation of Powers — Appropriations & Expenditures – Labor & Employment – Public Employees – Health Insurance – Premium Increases — Administrative
Hampton v. Haley Although an executive agency is generally not required to spend all appropriated funds, since the 2012-2013 Appropriations Act expressed the clear intent of the General Assembly that an entire $51 million appropriation be spent on premium increases for the state group health insurance plan and that plan enrollees not bear any of the premium increase, and since members of the Budget and Control Board all acknowledged that the appropriation indicated that intent, the Board violated the separation of powers when it decided to require enrollees to pay half the premium increase.
Tagged with: Appropriations ActRead More »