South Carolina Lawyers Weekly

Jun 9, 2022

Judges – Discipline – Perception of Impartiality – Sheriff’s Department

The respondent-magistrate, who was married to the county sheriff, accessed the sheriff department’s Facebook page and forwarded citizen complaints she found there to the department using her judicial email account. […]

Apr 29, 2022

Real Property — Church Property – Trusts – Church & Diocesan Canons – Conformity, Allegiance & Accession

In a case involving property ownership in the aftermath of many parishes’ secession from the Episcopal Church in the United States of America (National Church), we interpret the five separate […]

Apr 29, 2022

Real Property – Church Property – Trusts – Church & Diocesan Canons – Conformity, Allegiance & Accession

In a case involving property ownership in the aftermath of many parishes’ secession from the Episcopal Church in the United States of America (National Church), we interpret the five separate […]

Apr 20, 2022

Criminal Practice – Search & Seizure – Cell-Site Location Information – New Jersey Office – Probable Cause

Thanks to Carpenter v. United States, 138 S. Ct. 2206 (2018), we now know that the Fourth Amendment’s warrant requirement applies to cell-site location information (CSLI). Although T-Mobile stored its […]

Apr 20, 2022

Insurance – Commercial Liability – Anti-Assignment Clause – Post-Loss Exception – Environmental

Because the covered “occurrence” had already happened when an insured assigned its rights under its expired commercial liability policies to its successor in interest, pursuant to the post-loss exception, now […]

Apr 20, 2022

Attorneys – Discipline – Reprimand – Assault

Respondent engaged in an argument with his wife, which escalated to the point that it was reasonable for his wife to fear imminent harm. Respondent was charged with felony first-degree […]

Apr 20, 2022

Attorneys – Discipline – Reprimand & Fine – Campaign Finance Law Violations

After having provided certain political candidates the maximum political campaign contributions allowed, respondent personally funded another $184,000 in contributions through 14 limited liability companies, thereby violating S.C. Code Ann. § […]

Apr 20, 2022

Attorneys – Discipline – Definite Suspension – Alcohol Abuse – Assault

The respondent-attorney, who had been drinking, physically assaulted his girlfriend and was charged with third-degree assault and battery. He self-reported the charge, attended a 45-day inpatient treatment program, continued with […]

Apr 12, 2022

Criminal Practice – Murder – Death Penalty – Closing Argument – Deadlock Consequences – Sentencing by Jury – Expert Testimony – Underlying Hearsay

We now hold a party may not argue the consequences of a deadlock in his closing argument to the jury. The state has a legitimate interest in fostering the resolution […]

Apr 12, 2022