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Prisons & Jails – Kidnapping Conviction – Sex Offender Status – Administrative
Thompson v. State (Lawyers Weekly No. 010-014-16, 7 pp.) (Jean Hoefer Toal, Acting Justice) Appealed from Berkeley County Circuit Court (R. Markley Dennis Jr., J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: When petitioner pled guilty to armed robbery and kidnapping in 2001, the circuit court failed to make […]
Prisons & Jails – Parole – Meth Convictions – Conspiracy & Intent to Distribute – 2010 Statutory Amendment
Bolin v. South Carolina Department of Corrections (Lawyers Weekly No. 011-018-16, 10 pp.) (John Geathers, J.) Appealed from the Administrative Law Court (Carolyn Matthews, ALJ) S.C. App. Holding: Because of a 2010 amendment to S.C. Code Ann. § 44-53-375(B), the petitioner-inmate’s 2012 convictions for possession of methamphetamine with intent to distribute, second offense and conspiracy [&helli[...]
Prisons & Jails – Administrative – Grievance – Time Limit – ‘Incident’ vs. ‘Policy’ – Inmates’ Wages
Ackerman v. South Carolina Department of Corrections (Lawyers Weekly No. 011-015-16, 9 pp.) (John Geathers, J.) Appealed from the Administrative Law Court (Ralph King Anderson III, ALJ) S.C. App. Holding: Prison inmates’ grievances about their wages are directed towards the prison’s policies and procedures rather than an incident. Therefore, the inmates’ grievances were not subject […[...]
Prisons & Jails – Parole – Criminal Practice – Meth Conspiracy & Possession
Bolin v. South Carolina Department of Corrections (Lawyers Weekly No. 011-103-15, 9 pp.) (John Geathers, J.) Appealed from the Administrative Law Court (Carolyn Matthews, ALJ) S.C. App. Holding: Although two of the appellant-inmate’s 2011 convictions – possession of methamphetamine with intent to distribute, second offense and conspiracy to manufacture methamphetamine, second offense – were [...]
Prisons & Jails – Sentence Calculation – Constitutional – Due Process – Ambiguous Sentencing Sheets & Transcript
Tant v. South Carolina Department of Corrections (Lawyers Weekly No. 010-051-14, 11 pp.) (Kaye Hearn, J.) (Costa Pleicones, J., concurring) Appealed from the Administrative Law Court (Ralph King Anderson III, ALJ) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: When the Department of Corrections seeks to recalculate its initial determination […]
Prisons & Jails – Parole – Constitutional – Ex Post Facto Law – Board Quorum
Barton v. South Carolina Department of Probation Parole & Pardon Services A change in a parole statute -- requiring a two-thirds vote of the parole board rather than a majority vote to grant parole to violent offenders -- is an unconstitutional ex post facto law as applied to petitioner, who was convicted of murder before the statutory amendment. Even under the new law, a vote in fa[...]
Prisons & Jails – Claim Mooted for Prison Visitation Denial
Williams v. Ozmint Restoration of a prison inmate’s visiting privileges has mooted his appeal of suspension of those privileges for a two-year period as a penalty for the inmate’s suspected receipt of contraband; the 4th Circuit further concludes that the prison warden who imposed the suspicion is shielded by qualified immunity because the inmate did not have a clearly established ri[...]
Prisons & Jails – Constitutional – Due Process & Ex Post Facto Clauses – Parole Denial Policy – Violent Offenders
Burnette v. Fahey Plaintiff Virginia inmates have not stated due process and ex post facto claims against defendant members of the Virginia Parole Board in their official capacities for an alleged policy of denying parole to parole-eligible inmates convicted of violent offenses; the 4th Circuit affirms dismissal of the inmates’ complaint.
Prisons & Jails – Civil Rights – ‘3 Strikes’ Dismissal – Inmate’s Appeal
Henslee v. Keller In an inmate’s suit alleging prison barbers do not sanitize equipment and put inmates at risk for infection, the district court’s dismissal of the suit cannot act as “strike three” that prevents the inmate from gaining IFP status to appeal the dismissal; the 4th Circuit joins the majority of federal appellate courts to consider the question to hold that a distric[...]
Prisons & Jails – Constitutional – Pretrial Detainee – Suicide – Deliberate Indifference Claim
Millmine v. Harris In the light most favorable to plaintiff, the evidence and permissible inferences indicate that the defendant-correctional officers knew that plaintiff’s decedent was on suicide watch and had been prohibited from having any potentially dangerous materials – such as tearable fabric...
Prisons & Jails – Civil Rights – Religion – Beard Policy – Health & Security Concerns
Couch v. Jabe Virginia prison officials failed to show how allowing a Sunni Muslim inmate to wear a one-eighth-inch beard would implicate prison health or security concerns, and the 4th Circuit vacates summary judgment for defendant officials in the inmate’s suit under the Religious Land Use and Institutionalized Persons Act.
Prisons & Jails – Civil Rights – Constitutional – Eighth Amendment
Moore v. Laurens County Plaintiff brings his Eighth Amendment claim against the defendant Department of Corrections (DOC) under 42 U.S.C. § 1983; however, as an administrative agency of the State of South Carolina, DOC does not qualify as a person subject to suit under ¤ 1983. Plaintiff’s federal claims are dismissed with prejudice. The court declines to exercise jurisdiction over [...]
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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