State v. Stukes (Lawyers Weekly No. 010-038-16, 8 pp.) (Kaye Hearne, J.) (John Kittredge, J., joined by Acting Justice James Moore, dissenting) Appealed from Richland County Circuit Court (DeAndrea Benjamin, J.) On writ of certiorari to the Court of Appeals. ...

Tagged with: Constitutional

Gibbs v. State (Lawyers Weekly No. 010-035-16, 11 pp.) (Donald Beatty, J.) (John Cannon Few, J., not participating) Appealed from Kershaw County Circuit Court (James Barber III, J.) S.C. S. Ct. Holding: Since there was no evidence linking petitioner to ...

Tagged with: Constitutional

State v. Legg (Lawyers Weekly No. 010-033-16, 7 pp.) (Costa Pleicones, C.J.) Appealed from Horry County Circuit Court (Edward Cottingham, J.) S.C. S. Ct. Holding: S.C. Code Ann. § 17-23-175 permits the state to present to the jury both the ...

Tagged with: Constitutional

Immigration – Constitutional – Due Process – Petition for Alien Relative – Doctrine of Consular Nonreviewability Abebe v. Perez (Lawyers Weekly No. 002-036-16, 6 pp.) (Margaret Seymour, S.J.) 3:14-cv-04415; D.S.C. Holding: Where the Department of Homeland Security cited the statute ...

Tagged with: Constitutional

South Carolina Department of Social Services v. Lemay (Lawyers Weekly No. 011-010-16, 4 pp.) (Per Curiam) Appealed from Greenville County Family Court (Jerry Vinson Jr., J.) S.C. App. Unpub. Holding: Because the appellant-father is facing a criminal charge in which ...

Tagged with: Constitutional

Columbia Venture, LLC v. Richland County (Lawyers Weekly No. 010-099-15, 25 pp.) (John Kittredge, J.) Appealed from Richland County (John Hamilton Smith Sr., Special Referee) S.C. S. Ct. Holding: Plaintiff bought land that was mostly in a flood plain, even ...

Tagged with: Constitutional

Condon v. Haley (Lawyers Weekly No. 002-223-14, 26 pp.) (Richard Gergel, J.) 2:14-cv-04010; D.S.C. Holding: There is no meaningful distinction between South Carolina’s constitutional and statutory ban on same-sex marriage and those of Virginia declared unconstitutional in Bostic v. Schaefer, ...

Tagged with: Constitutional Same Sex Marriage

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.

Tagged with: Constitutional Criminal Practice Ineffective Assistance of Counsel PCR Waiver

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.

Tagged with: Civil Rights Constitutional Fourth Amendment Malicious Prosecution Probable Cause

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.

Tagged with: confrontation clause Constitutional Criminal Practice