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Aug 7, 2018

4th Circuit: State’s argument does not trigger Simmons instruction

A serial killer on North Carolina’s death row had no constitutional right under Simmons v. South Carolina to inform the sentencing jury that because he was already ineligible for parole, he did not pose a continuing danger to society, the 4th U.S. Circuit Court of Appeals has ruled. Lesley Warren had already been convicted of […]

Aug 1, 2018

Appeals court says church contract not valid

The widow of a deceased pastor will not be able to keep on receiving a monthly stipend from her husband’s former church because the church board that made the decision to continue the payments lacked the authority to do so, the South Carolina Court of Appeals has ruled. Edward Jenkins founded the Refuge Temple Church […]

Apr 10, 2018

Possible farm water use regulations drying up

A South Carolina House panel voted March 21 against expanding the regulation of agricultural water use in the state. The bill, proposed by Reps. James Smith, D-Richland, and Bill Taylor, R-Aiken, failed to pass the House Committee on Agriculture, Natural Resources and Environmental Affairs. Had it progressed through the legislature and become law, the bill […]

Mar 7, 2013

NJ judge asks court to let him continue his stand-up routine

TRENTON, N.J. (AP) — It may have been his toughest crowd yet. In a decidedly humorless proceeding Feb. 26, New Jersey’s Supreme Court heard arguments over whether a municipal judge can keep his other paying gig as an actor and stand-up comic.

Mar 7, 2013

Supreme Court skeptical of warrantless DNA collection

WASHINGTON – As they grilled the lawyers arguing before them on the issue of whether police can collect DNA samples from unconvicted arrestees without a warrant, the justices of the U.S. Supreme Court acknowledged just how high the stakes are. “I think this is, perhaps, the most important criminal procedure case that this court has heard in decades,” said Justice Samuel A. Alito Jr. durin[...]

Oct 19, 2012

When it comes to copyright ownership, it’s ‘buyer beware’

It’s hard to remember what life was like before software permeated every aspect of business management – from inventory control, marketing, point-of-sale transactions and shipping to human resources, sales analytics and customer relationship management.

Oct 19, 2012

Q&A: The professor of propriety

Every day, attorneys have to face a challenge not present in any other profession — to be adversarial to one another without being acrimonious. So when Lawyers Weekly wanted to get some advice about what lawyers should do to handle firm dissolutions, terminations and other common disputes as professionally as possible, we turned to Ed Gaskins.

Oct 19, 2012

Hey, You, Get Out Of My Cloud

A woman who hacked into her stepfather-in-law’s email has won a major victory before the South Carolina Supreme Court, but would-be hackers shouldn’t rush to declare open season on email accounts.

Oct 19, 2012

Culture-war issues on court’s agenda

There may not be a bombshell issue like the federal health care law on the U.S. Supreme Court’s table, but that doesn’t mean court watchers have nothing to talk about out of the session that began this month.

Oct 19, 2012

Court says condo owners don’t have to pay hefty assessment

A narrowly divided North Carolina Supreme Court has ruled in favor of the co-owners of a beachfront condo unit who refused to pay a $54,000 assessment for renovations.

Oct 19, 2012

County may be ordered to refund millions in impact fees

To refund or not to refund? That is the beginning of a complex set of questions in Cabarrus County, questions that appear destined to be answered in court.

Oct 12, 2012

CONTROL SWITCH: Three cases before the Supreme Court will decide who schedules trials

The fight to pry control of the criminal docket from the hands of South Carolina’s solicitors has dragged on for years without a single appellate decision addressing the old law behind the controversy. But now, the state Supreme Court is considering three cases challenging the constitutionality of the statute that gives solicitors the power to schedule criminal cases for trial – a power whi[...]

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