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Civil Rights – ADA – Administrative – Medicaid Waiver – Risk of Institutionalization – Budget Reduction – Rulemaking – Notice (access required)

Stogsdill v. South Carolina Department of Health & Human Services (Lawyers Weekly No. 011-107-14, 13 pp.) (Aphrodite Konduros, J.) Appealed from the Administrative Law Court (Carolyn Matthews, ALJ) S.C. App. Holding: Appellant produced uncontradicted evidence that the respondent’s reduction in ...

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Administrative – Beer & Wine Permit – Constitutional – Due Process – Violations – Evidence (access required)

South Carolina Department of Revenue v. Sandalwood Social Club The Department of Revenue cited respondent for the sole violation of failure to install and maintain a decibel meter on its property on April 2, 2010, in accordance with respondent’s beer and wine permit, a first offense violation for which DOR sought a $500 civil penalty. Nevertheless, the Administrative Law Court’s order listed at least two other violations and suspended respondent’s beer and wine permit and liquor by the drink license for 60 days. The ALC’s consideration of post-citation conduct for any purpose other than the credibility of respondent’s mitigation argument was an abuse of discretion.

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Municipal – Zoning – Auto Salvage Business – Alleged Oral Contracts – Due Process – County Code Violations – Environmental – Adjacent Superfund Site (access required)

Huggins, t/a SADISCO of Md. v. Prince George’s County, Md. A property owner who operated a salvage automobile wholesaling business on a parcel adjacent to Andrews Air Force Base’s CERCLA Superfund site, and whose business was cited for numerous county code violations, loses an appeal of the dismissal of its due process and state law claims against Prince George’s County, Md., for shutting down the salvage business pursuant to a consent order; the 4th Circuit says the owner failed to prove oral contracts under Maryland law.

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Criminal Practice – Habeas Corpus – Constitutional – Due Process – References to Religion – Church-Service Robbery (access required)

Deyton v. Keller Although the trial judge at defendants’ trial for armed robbery of Sunday worship services at a North Carolina church made references to religion, those references did not violate defendants’ right to due process, as defendants’ choice to target a church during weekly services “imbued their crime with an undeniably religious character”; the 4th Circuit denies defendants’ claim for habeas relief under 28 U.S.C. § 2254.

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Workers’ Compensation – Constitutional – Due Process – Rehearing – Hybrid Approach (access required)

Adams v. H.R. Allen, Inc. At the original hearing before the single commissioner, the reporter’s equipment malfunctioned, and portions of the hearing were inaudible. When the Workers’ Compensation Commission remanded for a rehearing, the single commissioner could have conducted a completely new hearing or simply reconstructed the missing parts of the missing transcript.

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Labor & Employment – Public Employees – Schools & School Boards – Teaching Contract – Nonrenewal – Constitutional – Due Process (access required)

Young v. Charleston County School District The record does not show that a three-member committee made the required report to the school board before the board accepted the committee’s recommendation not to renew the plaintiff-teacher’s contract. Moreover, the teacher was not given sufficient notice of the board’s meeting, so neither she nor her attorney was present at the meeting. The record does not reflect that the teacher’s due process rights were protected.

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Labor & Employment – Public Employees – Retirement — Administrative Remedies – Inapplicable – Constitutional – Due Process – Property Interest (access required)

Grimsley v. South Carolina Law Enforcement Division Since plaintiffs’ disagreement is with the S.C. Law Enforcement Division and not with its retirement system, the Retirement Act does not apply, and plaintiffs were not required to exhaust any administrative remedies before filing suit. Furthermore, plaintiffs have sufficiently alleged a property interest in the percentage of their salary that was deducted to pay the defendant-employer’s share of plaintiffs’ retirement system contribution.

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Criminal Practice – Constitutional – Due Process – Prosecutorial Misconduct – Witness Intimidation – No Prejudice (access required)

State v. Inman Even though the prosecutor intimidated a defense witness, since the witness testified anyway, and especially since the proceeding was before a judge instead of a jury, defendant has not shown that he was prejudiced by the prosecutorial misconduct. We affirm defendant’s sentence of death for murder and two consecutive 30-year sentences for first-degree burglary and first-degree criminal sexual conduct.

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