South Carolinians for Responsible Government v. Krawcheck S.C. Code Ann. § 8-13-1300(6)’s definition of “committee” potentially subjects a group to the statutory burdens of a “committee” based on a single $500 transaction, regardless of whether the transaction was relevant to the organization’s “major purpose” or the $500 expenditure constituted a meaningful portion of the group’s disbursements. Therefore, the definition of “committee” is overbroad and facially unconstitutional.

Tagged with: Constitutional First Amendment

Lemon v. Sheriff of Sumter County Plaintiff has failed to show that defendants transgressed a “bright line” constitutional right when they relied on a confidential informant’s tip and stopped plaintiff’s car. However, the parties dispute whether the defendant-deputies conducted a public strip search of plaintiff.

Tagged with: Civil Rights Constitutional Search & Seizure Strip Search Tort/Negligence Traffic Stop

Walker v. State Two instances of deficient performance by trial counsel - a failure to investigate a potential alibi witness and a failure to question the victim about discrepancies between her testimony and pre-trial statements - did not amount to ineffective assistance of counsel.

Tagged with: Constitutional Criminal Practice

Smith v. State The uncontradicted evidence shows that trial counsel met with petitioner prior to trial, discussed the discovery materials with him, and provided petitioner the opportunity to explain his version of the events. Counsel further prepared for the defense by arranging a polygraph examination and meeting with petitioner’s mother to discuss the incident and petitioner’s defense. Counsel also consulted with petitioner throughout the two-day trial.

Tagged with: Constitutional Criminal Practice Witnesses

McBurney v. Young Non-Virginia citizens who were denied access under the Virginia Freedom of Information Act to certain public records from Virginia state agencies, including information related to a child support matter and county real estate assessments, lose their suit alleging the Virginia Freedom of Information violated the Privileges & Immunities Clause of the U.S. Constitution Clause, in this 4th Circuit decision. Each plaintiff alleges different facts to support the common argument that the VFOIA violates the U.S. Constitution.

Tagged with: Civil Rights Constitutional

Richardson v. Branker The 4th Circuit reverses a district court’s issuance of a habeas writ to a North Carolina death-row defendant, as the proper review by the federal court indicates the conviction cannot be overturned for the claimed errors of ineffective assistance of counsel, withholding of exculpatory evidence or proof of petitioner’s mental retardation.

Tagged with: Constitutional Criminal Practice Habeas Corpus Mental Retardation

U.S. v. Mahin The 4th Circuit affirms the 18 U.S.C. § 922(g)(8) firearm conviction of a man who left the courtroom after being served with a domestic-violence protective order and went to a firing range for target practice, and then violated the order by going to the marital home to leave his firing-range membership card for his wife; however, the appellate court reverses one count of the conviction because simultaneous possession of firearms and ammunition can only support one count under the statute.

Tagged with: Constitutional Criminal Practice Second Amendment

U.S. v. Ramos-Cruz The 4th Circuit says a defendant convicted of racketeering and various gang-related crimes cannot overturn his convictions with a claim that his Confrontation Clause rights were violated because the government allowed two El Salvadorian police officers to testify without revealing their identities to the defense.

Tagged with: confrontation clause Constitutional

U.S. v. Carter A marijuana user who asserts his Second Amendment right to possess firearms for his own protection in a dangerous neighborhood has his firearms conviction under 18 U.S.C. § 922(g)(3) vacated by the 4th Circuit; Congress might have reasonably concluded that disarming drug users could reduce gun violence, and the government gets another chance to make a sufficient record to uphold the statute.

Tagged with: Constitutional Criminal Practice Second Amendment

Lebron v. Rumsfeld Convicted terrorist Jose Padilla, a U.S. citizen, and his mother, may not sue for legal and equitable relief based on Padilla’s prior military detention as an “enemy combatant”; the 4th Circuit upholds the district court decision refusing plaintiffs’ request for a declaration that defendant government officials’ policies were unconstitutional, an order enjoining Padilla’s future designation as an enemy combatant and nominal damages of one dollar from each defendant.

Tagged with: Civil Rights Constitutional