Clark v. Moore (Lawyers Weekly No. 010-108-14, 5 pp.) (Costa Pleicones, J.) (Jean Hoefer Toal, Ch. J., concurring) Appealed from Jasper County (Richard Fields, Special Referee) S.C. S. Ct. Holding: Where this is an ongoing ecclesiastical dispute which cannot be ...Read More »
DiVetro v. Housing Authority (Lawyers Weekly No. 002-143-14, 20 pp.) (R. Bryan Harwell, J.) 4:13-cv-01878; D.S.C. Holding: According to plaintiff, a public housing tenant, defendants never gave her a chance to contest claims that she breached her lease by, for ...Read More »
Harrell v. Attorney General (In re Grand Jury Investigation) (Lawyers Weekly No. 010-071-14, 13 pp.) (Per Curiam) Appealed from Richland County Circuit Court (L. Casey Manning, J.) S.C. S. Ct. Holding: Although the circuit court has the authority to assess ...Read More »
Constitutional – Separation of Powers – Appropriations Act – Line Item Veto – Administrative – CON Act – Funding Cut
Amisub of South Carolina, Inc. v. South Carolina Department of Health & Environmental Control (Lawyers Weekly No. 010-042-14, 20 pp.) (Jean Hoefer Toal, Ch.J.) (Costa Pleicones, J., dissenting) S.C. S. Ct. Holding: The governor’s veto of a line item ...Read More »
Constitutional – Free Speech – Civil Practice – Preliminary Injunction Motion – Municipal Ordinances – Sexually Oriented Business – Location
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 »