South Carolina Lawyers Weekly

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 ...

Where a law enforcement officer knew there was a warrant for someone named “Lewis,” knew the defendant was known as “Lewis” and the defendant fled when he was told about the warrant, the officer had reasonable suspicion to detain him. Curtilage ...

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 plaintiff, who is blind, is not a current or former member of the Department of Labor and could never have become eligible to join the Department of Labor Federal Credit Union, he lacked standing to challenge the Credit ...

Where an agreement barred claims brought by a subcontractor for damages arising out of the construction of an FBI facility in West Virginia, and the subcontractor waived other arguments by not raising them in district court, the contractor prevailed. Background ...

At petitioner’s trial for first-degree criminal sexual conduct with a minor and lewd act upon a child, defense counsel was ineffective for failing to object when an expert in child sexual abuse and treatment improperly bolstered the victim’s credibility by ...