South Carolina Lawyers Weekly

The majority found the term “habitual drunkard,” as used in the Virginia statute that makes it a criminal offense for persons deemed habitual drunks to buy or consume alcohol, was unconstitutionally vague and could violate the Eighth Amendment. Background Homeless ...

An out-of-state citizen could bring a constitutional challenge against a statute that limited copies of the state’s registered voter list to state residents because the list was closely connected to political speech and the statute imposes both content- and speaker-based ...

Petitioner’s alibi witness did not testify at his post-conviction relief hearing. Nevertheless, at petitioner’s trial, the witness testified that she had dropped petitioner off at an Atlanta bus stop on the morning of the 12:20 bank robbery in North Augusta ...

Parties who entered into settlement agreements with the city of Baltimore arising out of alleged police misconduct will no longer be bound by a gag clause routinely included in those agreements after the court held the clause was unenforceable and ...

After holding it had jurisdiction to entertain President Trump’s appeal from the district court’s decision “effectively” denying his immunity motion to dismiss, the court never reached the immunity question and, instead, held that Maryland and the District of Columbia lacked ...

President Trump will no longer face a suit brought by Maryland and the District of Columbia over his alleged violation of the Emoluments clause after the court granted the president’s petition for writ of mandamus and concluded the plaintiffs lacked ...

Where the government allowed a jury to be empaneled and began presenting testimony despite the fact that a subpoenaed witness had not appeared in court, as required, for the first two days of trial, and a mistrial was granted on ...

Where an individual was twice deemed incompetent to stand trial on charges of sexual assault and abuse of female minors, holding a commitment hearing to determine whether the individual should be indefinitely committed to the custody of the Attorney General ...

Where Virginia’s death row inmates were subject to confinement conditions that posed a substantial risk of serious psychological and emotional harm when they first filed their lawsuit, but changes made while the lawsuit was pending ended any Eighth Amendment violation, ...

North Carolina’s ban on the unauthorized practice of law is not constitutionally infirm as applied to a trade association because it does not restrict the association’s speech, association or related rights and does not violate the state’s Monopoly Clause. Background ...