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Criminal Practice – PCR – Ineffective Assistance Claim – Mutual Combat Instruction
After quarreling with in-laws (a brother-in-law and the husband of petitioner’s niece) earlier in the day, petitioner and two accomplices engaged in an exchange of gunfire with petitioner’s in-laws and their relatives. Given the apparent willingness of each combatant – including petitioner – to engage in an armed encounter, there was an inference of mutual […]
Domestic Relations – Parent & Child – Custody Modification – Manipulative Behavior
The appellant-Father showed the parties’ minor sons emails between the parents in which, for example, Father accused the respondent-Mother of being unfaithful, manipulative, and an “unrepentant liar and deceiver” and of engaging in “sinful, wicked choices” and “emotional psychological abuse of the boys[.]” Further, despite the fact that Mother chose to maintain her married name [&hel[...]
Criminal Practice – Murder – Jury & Jurors – NGRI Plea – Mitigating Factors
Juror #338 expressed confusion about why the jury could be informed about the consequences of a guilty verdict (i.e., life without parole or death) but not informed of the consequences of a verdict of not guilty by reason of insanity (NGRI). Because Juror #338 unambiguously said she could not consider an NGRI verdict unless she […]
Criminal Practice – Sentencing – Probation Condition – Adult Pornography – Vagueness
A special condition of supervised release prohibits defendant not only from possessing materials depicting or describing child pornography, as defined in 18 U.S.C. § 2256, but also from possessing or accessing materials or web sites depicting children or adults in the nude and/or engaged in sexual activity; it further prohibits him from patronizing businesses or […]
Administrative – Social Security Disability – Treating Physician – Weight
The administrative law judge cited specific examples to explain why the 2018 opinion of treating physician Dr. Paul Weaver was not entitled to controlling weight: (1) Weaver’s treatment records “reflect no significantly adverse mental health findings” and (2) Weaver noted in April 2018 that plaintiff was riding a bicycle for exercise. However, the ALJ did […]
Wills & Trusts – Mortgages – Executor/Trustee’s Authority – Banks & Banking
Although a will and testamentary trust charged the executor/trustee – who also held a life estate in the trust’s property – with protecting the interests of the remaindermen, the will and trust also gave the executor/trustee full authority to mortgage the trust property, and the defendant-lender had no monitor the executor/trustee’s use of the mortgage […]
Real Property – Easements – Abandoned Railroad – Reversion – Laches
After a railway was abandoned in 1980, the adjacent property owners waited 30 years to assert that the railroad’s easement reverted to them. Although the railroad had purported to transfer the easement land to defendants’ predecessors, and although defendants had made some improvements towards converting the land into a walking trail, since defendants failed to […]
Real Property – Easements – Scope of Permission – Adverse Possession
Plaintiff’s land lies next to that of a church, and the church granted him permission to use the church’s land to get from his house on the front part of his lot to his landscaping workshop on the rear of his lot. While plaintiff contends that his use of the church’s land exceeded the permission […]
Criminal Practice – PCR – Ineffective Assistance Claim – Homicide by Child Abuse – Prior Bad Acts
Petitioner was convicted of homicide by child abuse (HCA) after (1) he woke to find his four-month-old adopted son (Victim) asphyxiated underneath his armpit; (2) petitioner successfully performed CPR; (3) he left Victim in his playpen and went outside to mow the lawn; (4) petitioner’s wife awoke to find Victim was not breathing; (5) a […]
Criminal Practice – Sentencing – 17-Year-Old Defendant – Aiken Factors
The resentencing court stated that defendant had been “within one year of” adulthood when his crime was committed. While the fact that an offender is 17 is relevant, we reiterate that 17-year-olds are children entitled to the protection of Miller v. Alabama, 567 U.S. 460 (2012), and Aiken v. Byars, 410 S.C. 534, 765 S.E.2d […]
Tort/Negligence – Negligent Misrepresentation – Real Property – Wood-Destroying Fungi
During the lead-up to the sale of a house in Pawley’s Island, the sellers’ real estate agent told the buyers’ real estate agent, “CL-100 was done yesterday and from what I understand it was good, but I can obtain the report if/when necessary as the sellers paid for it.” In fact, the sellers’ agent had […]
Civil Practice – Mootness – COVID Relief Funds – Reallocated & Dispersed
When South Carolina’s governor attempted to distribute COVID relief funds to religious and other private schools, the South Carolina Supreme Court ruled that this would be unconstitutional under S.C. Const. art. XI, § 4 (“§ 4”), which prohibits the use of public funds “for the direct benefit of any religious or other private educational institution.” […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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