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Constitutional – Separation of Powers – Appropriations Act – Line Item Veto – Administrative – CON Act – Funding Cut (access required)

  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 ...

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Constitutional – Free Speech – Civil Practice – Preliminary Injunction Motion – Municipal Ordinances – Sexually Oriented Business – Location (access required)

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 ...

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Criminal Practice – Constitutional – Confrontation Clause – Physical Evidence – Chain of Custody – Custodians’ Testimony – Anonymous Internet Posting (access required)

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.

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Constitutional – First Amendment – Religious Freedom – Neutral Principles of Law — Tort/Negligence – Defamation — Congregational Meeting – Church Trustees (access required)

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.

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