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Tag Archives: Conspiracy

Suit alleges bank was in cahoots with law firm (access required)

downward spiral

Beaufort lawyer J. Ashley Twombley pulled on a thread and unraveled what he alleges is a long-running conspiracy between a law firm and a local bank. Twombley has brought a class-action suit against First Reliance Bank on behalf of a group of former clients of the late John Schurlknight, founder of the now-defunct Schurlknight & Rivers personal injury law firm in Florence.

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Same place, same time: No crime (access required)

fingerprints

Two might be company, but it’s certainly not enough to prove conspiracy, according to the South Carolina Court of Appeals. That theory has been hinted at in prior decisions, but it was recently made clear in a ruling that unravels the state’s case against a defendant serving a decade in prison for conspiring with his brother-in-law to attack a Rock Hill man.

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Criminal Practice – Conspiracy Charge Sticks for False Distress Call (access required)

U.S. v. Deffenbaugh Although defendant claims he could not be convicted of federal conspiracy to make a false distress call to the Coast Guard because his girlfriend was not aware a call to the Coast Guard would be part of the plan to fake his death in order to avoid a state probation violation hearing, evidence showed she understood the plan would involve a false distress call and the 4th Circuit affirms defendant’s conspiracy conviction to violate 14 U.S.C. § 88(c).

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Tort/Negligence – Malicious Prosecution – Jury Instructions – Probable Cause – Prior Case Claims – Labor & Employment (access required)

Broyhill v. Resolution Management Consultants, Inc http://www.sccourts.org/opinions/HTMLFiles/COIn its instructions to the jury in this malicious prosecution action between an employer and its former employee, the trial court should have made it clear that, in order to defeat the employee’s current claim of malicious prosecution, the employer only had to show probable cause for one of its claims in its previous action against the employee.

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Criminal Practice – Jury & Jurors – ‘Anonymous’ Jury – Murder Trial – First Impression – Constitutional – Hearsay Evidence – Murdered Witness — Conspiracy (access required)

U.S. v. Dinkins Using an ‘anonymous’ jury whose biographical information has been withheld from defense lawyers and defendants accused of drug-trafficking and the murder of government witnesses is not a reason to overturn their convictions; the 4th Circuit follows decisions by its sister circuits and provides guidelines for use of anonymous juries.

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Criminal Practice – Drug Trafficking – Evidence – Civil Forfeiture – Conspiracy – Financial Assistance – Other Drug Sales (access required)

State v. McEachern Defendant gave lengthy testimony concerning where all the money found in her handbag came from in order to rebut any inference that the money was connected to the drugs seized from her handbag and her vehicle. Defendant also said that none of the money was drug money. Thus, defendant opened the door to the admission of evidence that she had agreed to forfeit the money in question.

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