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 »
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 »