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Tag Archives: Constitutional

Criminal Practice – PCR – Constitutional – Jury Trial Right – Waiver – Ineffective Assistance of Counsel (access required)

Moore v. State Even though petitioner’s trial counsel testified that petitioner definitely wanted a bench trial, counsel had little recollection of his discussions with petitioner about a jury trial versus a bench trial, and petitioner testified that he wanted a jury trial.

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Civil Rights – Constitutional – Fourth Amendment – Malicious Prosecution – Arrest Warrants — Probable Cause (access required)

Williams v. Sims Although the solicitor’s office dismissed the charges against plaintiff without prejudice and returned the case to the sheriff’s office for further investigation, plaintiff has not shown that the defendant-deputy lacked probable cause to seek arrest warrants for him.

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Criminal Practice – Constitutional – Confrontation Clause – Bruton – Co-Defendant’s Statement – Redaction (access required)

State v. McDonald Once co-defendant Cannon’s statement to police was redacted to replace the other defendants’ names with the words “another person”, the statement only implicated its maker; moreover, it did not limit the participants to three, which would have implicated the three defendants on trial.

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Administrative – Prisons & Jails – ALC Jurisdiction – Future Credits – Constitutional (access required)

Howard v. South Carolina Department of Corrections Pursuant to the current version of S.C. Code Ann. § 1-23-600(D), the Administrative Law Court may not hear prisoner appeals involving only the loss of the opportunity to earn sentence-related credits; however, the ALC must consider whether a prisoner’s appeal implicates a state-created liberty or property interest.

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Administrative – Medicaid – Civil Rights – ADA & Rehabilitation Act – Constitutional – Eleventh Amendment Immunity (access required)

Kobe v. Haley Plaintiffs seek a declaratory judgment that Governor Haley’s predecessor acted wrongfully to deprive them of Medicaid benefits. Such a declaration would constitute retrospective relief; hence, Governor Haley is entitled to immunity under the Eleventh Amendment.

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