South Carolina Lawyers Weekly

Jun 28, 2018

Attorneys – Administrative & Civil Practice – Interlocutory Appeals – Scheduling Conflict

Where the Administrative Law Court reversed and remanded the Office of Motor Vehicle Hearings’ dismissal of plaintiff’s challenge to the suspension of her driver’s license, the ALC’s decision was not […]

Jun 21, 2018

Criminal Practice – Search & Seizure – Warrant Application – Possible Meth Lab – Insufficient Information

An affidavit did not give a magistrate sufficient information to find probable cause to issue a search warrant when the affidavit (1) asserted that the sheriff’s office had received information […]

Jun 14, 2018

Criminal Practice – Search & Seizure – Sex Offender – Failure to Register – Automatic Electronic Monitoring

Where the circumstances leading up to the imposition of electronic monitoring pursuant to S.C. Code Ann. § 23-3-540(E) will vary widely on a case-by-case basis, electronic monitoring under § 23-3-540(E) […]

Jun 14, 2018

Criminal Practice – Search & Seizure – Cell Phone – Warrantless Search – Abandonment

Even though defendant’s cell phone was password-protected, after he lost it at the scene of a burglary, he did not try to retrieve it and therefore abandoned it. Since the […]

Jun 14, 2018

Judges – Discipline – Public Reprimand – Oxycodone

When respondent took possession of a substance he believed was oxycodone, he violated Canon 1A (a judge should maintain high standards of conduct) and Canon 2A (a judge shall respect […]

Jun 14, 2018

Attorneys – Reciprocal Discipline – Virginia Suspension

In 2015, respondent was suspended for 15 days by the Virginia State Bar Disciplinary Board because of instances of failing to act with reasonable diligence and promptness in representing clients, […]

Jun 11, 2018

Criminal Practice – Evidence – Chain of Custody – Contradictory Testimony

The state’s evidence on the first day of trial did not indicate how cocaine – which was seized from defendant’s car at a McDonald’s parking lot – was transported from […]

Jun 11, 2018

Criminal Practice – CSC Charge – Constitutional – Confrontation Charge – Similar Acts Evidence – Witness’ Immigration Status

In a criminal sexual conduct with a minor trial, the court admitted the testimony of the purported victim of an uncharged second crime and her mother (Mother 2), who was […]

Jun 1, 2018