Clark v. Moore (Lawyers Weekly No. 010-108-14, 5 pp.) (Costa Pleicones, J.) (Jean Hoefer Toal, Ch. J., concurring) Appealed from Jasper County (Richard Fields, Special Referee) S.C. S. Ct. Holding: Where this is an ongoing ecclesiastical dispute which cannot be ...Read More »
Harrell v. Attorney General (In re Grand Jury Investigation) (Lawyers Weekly No. 010-071-14, 13 pp.) (Per Curiam) Appealed from Richland County Circuit Court (L. Casey Manning, J.) S.C. S. Ct. Holding: Although the circuit court has the authority to assess ...Read More »
Constitutional – First Amendment – Robocalls – Political Speech – Tort/Negligence – False Imprisonment – Probable Cause
Cahaly v. LaRosa (Lawyers Weekly No. 002-126-14, 21 pp.) (J. Michelle Childs, J.) 6:13-cv-00775; D.S.C. Holding: Where S.C. Code Ann. § 16-17-446 does not ban all robocalls, but only restricts robocalls on the basis of their commercial or political content, ...Read More »
Snider Int’l Corp. v. Town of Forest Heights, Md. (Lawyers Weekly No. 001-011-14, 22 pp.) (Gregory, J.) No. 12-2490, Jan. 7, 2014; USDC at Greenbelt, Md. (Motz, J.) 4th Cir. Holding: Civil penalties imposed against Maryland drivers through use of ...Read More »
Criminal Practice – Constitutional – Confrontation Clause – Physical Evidence – Chain of Custody – Custodians’ Testimony – Anonymous Internet Posting
State v. Brockmeyer The Confrontation Clause did not require every custodian of the physical evidence against defendant (a t-shirt, a gun, a shell casing, a magazine and a bullet) to testify. The custodians’ evidence logs do not purport to prove any fact necessary to defendant’s murder conviction.
Tagged with: Violent CrimeRead More »
Constitutional – First Amendment – Religious Freedom – Neutral Principles of Law — Tort/Negligence – Defamation — Congregational Meeting – Church Trustees
Banks v. St. Matthew Baptist Church The defendant-pastor’s allegedly defamatory remarks were made in the context of a congregational meeting, at which the issue of whether plaintiffs would continue as the church’s trustees was discussed; nevertheless, our courts can decide whether the remarks were defamatory pursuant to neutral principles of law without delving into church doctrine or governance.
Tagged with: DefamationRead More »