South Carolina Lawyers Weekly

Where the police had a reasonable belief that the plaintiff posed a danger to herself and others, they were entitled to qualified immunity against claims arising from her detention for a mental health evaluation. Background Kerrin Barrett brought this action ...

Although regulations prohibit “commercial vehicles” from driving on the George Washington Parkway unless authorized by permit, the mere fact the defendant was driving a commercial vehicle on the parkway did not provide a basis to stop his vehicle. The marijuana ...

After the defendant was sentenced to life without parole for crimes committed when he was 17, the Supreme Court held that, when sentencing a minor to life without parole, the court must consider the defendant’s “youth and attendant characteristics.” Because ...

A rule promulgated by the Department of Health and Human Services, prohibiting physicians and other providers in Title X programs from referring patients for an abortion and imposing other requirements on entities receiving Title X funds, was enjoined. HHS inadequately ...

Where defendants’ compromise statements were erroneously admitted to prove the validity of the plaintiff’s claim for a commission on the sale of industrial property, and the error was not harmless, the defendants were entitled to a new trial. Background A ...

Because there were good reasons why defense counsel for a man on trial for beating, shooting and robbing a prostitute decided to not test certain items for DNA, including the risk of undermining the trial strategy, the habeas court’s rejection ...

The Gloucester County School Board’s policy requiring students to use bathrooms matching their “biological gender,” and its refusal to amend a student’s records to reflect his gender identity after his transition, were not substantially related to important governmental interests and ...

Although sections of the anti-riot act failed to bear the requisite relation between speech and lawlessness, the convictions of two defendants for violent participation in three white supremacist rallies were affirmed because their conduct fell under the statute’s surviving provisions. ...

Where the defendant in a wrongful death action brought by a woman whose husband’s exposure to asbestos caused his death from mesothelioma, argued the jury was improperly instructed on causation and the trial court erred by refusing to reduce the ...

Where evidence disclosed since a conviction for rape and burglary 44 years ago suggests the police suppressed material evidence in violation of the defendant’s rights under Brady v. Maryland, 373 U.S. 83 (1963), the district court was directed to consider ...