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Dec 4, 2017

Criminal Practice – Constitutional – Jury & Jurors – Batson Challenge – Similarly Situated White Juror

State v. Young (Lawyers Weekly No. 011-081-17, 6 pp.) (Per Curiam) Appealed from Greenville County Circuit Court (Edward Miller, J.) S.C. App. Unpub. Holding: The state struck two black jurors who lived in the same neighborhood as several witnesses but accepted a white juror who lived in that neighborhood. The solicitor’s explanation for accepting the […]

Nov 30, 2017

Labor & Employment – Public Employees – Constitutional – First Amendment – Political Activism – Schools & School Boards – Inappropriate Comments

Penley v. McDowell County Board of Education (Lawyers Weekly No. 001-206-17, 31 pp.) (Stephanie Thacker, J.) (J. Harvie Wilkinson III, J., concurring) 16-2034; Nov. 28, 2017; USDC at Asheville, N.C. (Max Cogburn Jr., J.) 4th Cir. Holding: A state house member allegedly threatened the plaintiff-teacher – who had worked in political campaigns against him – […]

Oct 27, 2017

Criminal Practice – Murder & Assault – Constitutional – Confrontation Clause – 2-Year-Old’s Statement

State v. Daise (Lawyers Weekly No. 011-073-17, 20 pp.) (Stephanie McDonald, J.) Appealed from Beaufort County Circuit Court (Carmen Mullen, J.) S.C. App. Holding: Defendant’s Confrontation Clause rights were not violated when an emergency medical technician was allowed to testify about what a 28-month-old child, who had been shot in the chest and head, said […]

Oct 25, 2017

Labor & Employment – Public Employees – Constitutional – Free Speech & Association – Assistant State’s Attorney

Borzilleri v. Mosby (Lawyers Weekly No. 001-187-17, 13 pp.) (J. Harvie Wilkinson III, J.) No. 16-1751; Oct. 17, 2017; USDC at Baltimore, Md. (J. Frederick Motz, S.J.) 4th Cir. Holding: Since assistant state’s attorneys implement the policies of their elected bosses, the newly elected defendant-state’s attorney could fire the plaintiff-ASA for supporting defendant’s electoral opponent. [&hell[...]

Oct 25, 2017

Zoning – Constitutional – Due Process & Equal Protection – Self-Storage Project – Proximity to School

Siena Corp. v. Mayor & City Council of Rockville Maryland (Lawyers Weekly No. 001-185-17, 17 pp.) (J. Harvie Wilkinson III, J.) No. 16-1732; Oct. 13, 2017; USDC at Greenbelt, Md. (Roger Titus, S.J.) 4th Cir. Holding: Although plaintiff bought land with the intent to build a self-storage facility thereon, it had not even satisfied the […]

Aug 22, 2017

Criminal Practice – Constitutional – Sixth Amendment – Trial in Absentia – Lack of Findings

State v. Wrapp (Lawyers Weekly No. 011-058-17, 5 pp.) (Stephanie McDonald, J.) Appealed from Greenwood County Circuit Court (Thomas Russo, J.) S.C. App. Holding: The trial court erred in trying defendant in absentia without making specific findings that defendant (1) received notice of his right to be present and of the term of court for […]

Jul 31, 2017

Elections – Constitutional – Due Process – Primary Ballot – Facebook Campaign

De La Fuente v. South Carolina Democratic Party (Lawyers Weekly No. 002-091-17, 11 pp.) (Cameron McGowan Currie, S.J.) 3:16-cv-00322; D.S.C. Holding: Plaintiff’s social media campaign for U.S. President, none of which was directed at or specific to South Carolina, did not satisfy defendant’s requirement that, before defendant would list a candidate on its primary ballot, […]

Jun 15, 2017

Criminal Practice – Constitutional – Confrontation Right — 911 Call – Burglary – Trespass Letter

State v. Thompson (Lawyers Weekly No. 011-039-17, 12 pp.) (Lee, A.J.) Appealed from Lancaster County Circuit Court (Brian Gibbons, J.) S.C. App. Holding: Even though the 911 caller did not testify at trial, her statements on the 911 call were made to obtain police assistance, and questions asked during the call were to elicit more […]

May 5, 2017

Administrative – Driver’s License – Delayed Suspension – Driving Under Suspension – Constitutional – Due Process

Davis v. South Carolina Department of Motor Vehicles (Lawyers Weekly No. 011-031-17, 8 pp.) (H. Bruce Williams, J.) Appealed from the Administrative Law Court (S. Phillip Lenski, ALJ) S.C. App. Holding: Neither respondent nor the DMV was at fault for the six-year delay between respondent’s third driving under suspension (DUS) conviction and DMV’s suspension of […]

Mar 31, 2017

Criminal Practice – Constitutional – Confrontation Clause – Hearsay Evidence – Controlled Drug Buy

State v. Davis (Lawyers Weekly No. 011-023-17, 16 pp.) (H. Bruce Williams, J.) Appealed from Greenville County Circuit Court (Letitia Verdin, J.) S.C. App. Holding: Since the state’s confidential informant (CI) didn’t testify, the trial court should not have allowed a South Carolina Law Enforcement Division agent to testify about what the CI did while […]

Feb 27, 2017

Schools & School Boards – Constitutional – Substantive Due Process – Student Discipline

Crittenden v. Florence School District One (Lawyers Weekly No. 002-065-17, 13 pp.) (R. Bryan Harwell, J.) 4:16-cv-02014; D.S.C. Holding: Where the plaintiff-parent alleges that the defendant-school district did not have adequate training and procedures in place to handle students with behavioral issues, or if it did, those policies were not enforced or adequately explained to […]

Jan 20, 2017

Administrative – CON Award – Constitutional – Commerce Clause – Unpreserved Argument

Amisub of South Carolina, Inc. v. South Carolina Department of Health & Environmental Control (Lawyers Weekly No. 011-008-17, 6 pp.) (Per Curiam) Appealed from the Administrative Law Court (S. Phillip Lenski, ALJ) S.C. App. Unpub. Holding: On appeal, appellant Charlotte-Mecklenburg Hospital Authority (Carolinas) argues that the Administrative Law Court’s conclusions of law concerning adverse[...]

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