Tag Archives: Burden of Proof

Criminal Practice – Jury & Jurors – Instructions – ‘Acting for the Community’ – Burden of Proof – Appeals (access required)

State v. Daniels Where the trial judge instructed the jury that it and the judge were acting for the community, this charge was not akin to an improper Golden Rule argument. The charge given in this case did not ask the jury to consider the victim’s perspective.

Read More »

Criminal Practice – Jury & Jurors – Intentional Concealment – Prosecution Witness in Prior Trial – Material Factor – Burden of Proof (access required)

State v. Miller During voir dire, while defendant had peremptory strikes remaining, a juror failed to respond when the trial court asked whether any member of the jury panel had been a victim of a crime in Lancaster County or had an immediate family member who was the victim of a crime. Ten months earlier, that juror had testified for the state in the Lancaster County trial of a man who was accused of stabbing the juror’s mother. In order to determine whether the juror intentionally concealed her relationship to the Lancaster County solicitor’s office, we must remand for further proceedings.

Read More »

Civil Rights – Schools & School Boards – Student Assignment Plan – Burden of Proof – Racial Disparities (access required)

Everett v. Pitt County Board of Ed. Parents’ groups that oppose a county school board’s 2011-2012 student assignment plan win their appeal in the 4th Circuit, which says the district court erred by failing to apply, and requiring the school board to rebut, a presumption that racial disparities in the assignment plan resulted from the school board’s prior unconstitutional operation of a racially segregated school district.

Read More »

Taxation – Burden of Proof — Multi-State Corporation – Gross Receipts Method – Alternative Method (access required)

CarMax Auto Superstores West Coast, Inc. v. South Carolina Department of Revenue The Department of Revenue first bears the burden of proving the gross receipts formula does not fairly represent the plaintiff-taxpayer’s business activity in South Carolina. Second, the Department bears the burden of proving that its alternative accounting method is reasonable and more fairly represents the taxpayer’s business activity in South Carolina.

Read More »

Workers’ Compensation – Longshoreman – Hearing Loss – Burden of Proof (access required)

Ceres Marine Terminals Inc. v. Green A longshoreman who was exposed to a variety of loud noises during his 23 years removing and installing cargo container “shoes,” or twist locks, is not entitled to disability benefits for hearing loss under the Longshore & Harbor Workers’ Compensation Act; the 4th Circuit reverses the award for claimant because the ALJ erred in awarding benefits when he found the evidence in equipoise.

Read More »