South Carolina Lawyers Weekly

A defendant who pleaded guilty to arson and was convicted of making a false statement to influence a bank loan is entitled to resentencing because the district court failed to identify an aggravating circumstance not accounted for by the sentencing ...

Where the servicemembers were likely to show the government’s policy and conduct violated the Administrative Procedure Act and that they would suffer irreparable harm without a preliminary injunction while they challenged their discharge and that injunctive relief was in the ...

Where the magistrate judge failed to advise the defendant of his potential exposure to a 15-year mandatory minimum sentence by pleading guilty to possession of a firearm by a felon, and the defendant demonstrated there was a “reasonable probability” he ...

In a case of first impression, where a defendant’s motion to represent himself in his criminal trial for child pornography was denied, the collateral order doctrine does not provide means for immediate appellate review and there is no subject-matter jurisdiction. ...

In a case of first impression, the term “another person” in the federal aggravated identity theft statute was held to include deceased victims of identity theft, based on the plain language of the statute, its context and legislative history. Background ...

Where the state failed to turn over Brady materials and the state court appeared to apply an incorrect standard when reviewing a petitioner’s post-conviction application, there was another ground sufficient to sustain the decision to deny his application. In addition, the state court’s ...

Where the Virginia Air Pollution Control Board failed to provide a rational explanation as to why it awarded a construction permit for a compressor station in the historic community of Union Hill, reasons offered during litigation were insufficient as a matter ...

The respondent Department of Health and Environmental Control allowed respondent MRR Pickens, LLC, to make a major modification to its landfill permit, but DHEC labeled the modification as “minor.” Minor modifications do not carry the same notice requirements as major ...

Defendant pled guilty to second-degree sexual exploitation of a minor, which S.C. Code Ann. § 16-1-60 classifies as a violent felony, and S.C. Code Ann. § 16-15-405 mandates that upon conviction a person “must be imprisoned not less than two ...

The “services to be rendered” pursuant to a hospital admission contract cannot reasonably be read to include the hospital monitoring its physicians’ compliance with the hospital bylaws’ malpractice insurance requirements. Instead, the phrase, “services to be rendered” meant the tangible ...