South Carolina Lawyers Weekly

Where FedEx packages containing cocaine were intentionally addressed to a deceased person, the intended recipient lacked any expectation of privacy because he had no ability to exercise ownership, possession or control of the packages at the time they were searched. ...

Where the immigration judge focused on why a Honduran gang targeted the petitioner’s family, rather than petitioner herself, that was wrong. Because the record showed that the gang leveraged her familial relationship to her husband, as well as their familial ...

Where police had probable cause to search a shoebox containing heroin and fentanyl based on information from a reliable confidential informant and their own independent corroboration of his story, a drug defendant’s challenge to his sentence failed. Background In 2017, ...

Where detention of a male walking with an AR-15-style assault rifle was supported by reasonable suspicion, including that the same type of rifle had been used in a school shooting, he was walking toward a school, appeared to be a ...

Where the district court discussed the defendant’s “extensive criminal history,” but never addressed his argument that two California drug convictions that were 34 and 28 years old were stale and should be excluded, his sentence was vacated and the case ...

Where a defendant convicted on numerous racketeering counts was originally sentenced to 570 months’ in prison, but one count constituting a 360-month component was later vacated, the new 360-month sentence was not unreasonable given his role in the offenses and ...

Where a railroad that was party to a guaranteed shipping contract did not expressly breach the agreement, but a jury could have found that its conduct violated the duty of good faith and fair dealing, the declaratory judgment against it ...

Where the resident of El Salvador was only 15 when members of the MS-13 gang beat him and made death threats, the immigration court erred by not taking his age into account when analyzing his past persecution and fear of ...

Where a defendant was only 15 years old when he participated in a series of violent carjackings, including one resulting in death, the district court’s imposition of a 52-year sentence was not unreasonable as it considered a variety of factors, ...

Where the defendant moved to vacate his conviction for brandishing a firearm during a crime of violence and drug trafficking because it relied in part on a now invalid predicate offense, but the statement of facts in his plea agreement ...