Free Newsletter
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 […]
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 – […]
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 […]
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[...]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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[...]
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
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- Court cases add new twists to legal language
- It’s all business, especially the busyness
- Virginia Tech student got due process in hearing
- 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
Polls
Loading ...
SC Lawyers Weekly keeps you connected with the latest legal news, Daily Practice and Breaking
News alerts.
Sign-up for SC Lawyers Weekly Email Alerts
