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Tag Archives: Constitutional

Constitutional – Freedom of Speech – Municipal – Sign Ordinance – ‘Content Neutral’ (access required)

Wag More Dogs LLC v. Cozart An Arlington County sign ordinance that required a doggy daycare business to remove a 960-square foot painting of cartoon dogs on the side of the daycare’s business passes constitutional muster as a content-neutral restriction on speech that survives intermediate scrutiny, the 4th Circuit says.

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Criminal Practice – Constitutional – Confrontation Clause – Comments to Social Worker – Not Testimonial (access required)

U.S. v. DeLeon Statements made by defendant’s eight-year-old stepson to a social worker about defendant’s abuse were nontestimonial, and admission of the statements did not violate defendant’s Confrontation Clause rights under Crawford v. Washington; the 4th Circuit upholds defendant’s convictions of second-degree murder and assault in the death of his stepson.

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Prisons & Jails – Constitutional – Pretrial Detainee – Suicide – Deliberate Indifference Claim (access required)

Millmine v. Harris In the light most favorable to plaintiff, the evidence and permissible inferences indicate that the defendant-correctional officers knew that plaintiff’s decedent was on suicide watch and had been prohibited from having any potentially dangerous materials – such as tearable fabric...

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Criminal Practice – PCR – Constitutional – Attorneys – Ineffective Assistance – No Prejudice (access required)

Goins v. State Even though plea counsel provided ineffective assistance in failing to properly advise defendant on the law regarding whether a motel owner can freely admit police into a rented room, defendant has failed to prove that this advice was his reason for electing not to go to trial and has thus failed to establish prejudice.

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Criminal Practice – Sex Offender – Lewd Act – Probation Violation – Lifetime Satellite Monitoring – Constitutional – Substantive Due Process – Risk of Reoffending (access required)

State v. Dykes Defendant is not on probation, parole or any similar restriction, and there is no mechanism by which she can be relieved of the requirement of satellite monitoring. If defendant poses a low risk of reoffending, then S.C. Code Ann. § 23-3-540(C)’s requirement of lifetime satellite monitoring would violate her right to substantive due process.

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Constitutional – Inverse Condemnation Claim – Police Power – Hostage Situation – Damage to Building (access required)

Carolina Convenience Stores, Inc. v. City of Spartanburg Even though plaintiff’s store was damaged while the defendant-city’s police rescued a hostage from her kidnapper, this was an exercise of the city’s police power and not its power of eminent domain. Therefore, plaintiff failed to make out an inverse condemnation claim against the city. We affirm summary judgment for the city.

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Workers’ Compensation – Constitutional – Due Process – Rehearing – Hybrid Approach (access required)

Adams v. H.R. Allen, Inc. At the original hearing before the single commissioner, the reporter’s equipment malfunctioned, and portions of the hearing were inaudible. When the Workers’ Compensation Commission remanded for a rehearing, the single commissioner could have conducted a completely new hearing or simply reconstructed the missing parts of the missing transcript.

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Criminal Practice – Murder Convict – ‘Stalking’ – 30 Years – Former Girlfriend – Constitutional – Vagueness Challenge – Firearms Charges (access required)

U.S. v. Shrader A man who terrorized a former high-school girlfriend for more than three decades, and who served time in prison for killing her mother and a friend and wounding a neighbor as the woman fled her West Virginia home in 1975, cannot overturn his conviction on federal firearms charges and for stalking the woman and her husband after his release from prison; the 4th Circuit says the federal stalking statute is not unconstitutionally vague for an alleged failure to define “harass” and “intimidate.”

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Criminal Practice – Constitutional – Miranda Warnings – Right to Cease Questioning – DUI (access required)

State v. Hoyle In State v. Kennedy, 325 S.C. 295, 479 S.E.2d 838 (Ct. App. 1996), aff’d as modified, 333 S.C. 426, 510 S.E.2d 714 (1998), this court said, “A suspect in custody may not be subjected to interrogation unless he is informed that: he has the right to remain silent; anything he says can be used against him in a court of law; he has a right to the presence of an attorney; if he cannot afford an attorney, one will be appointed for him prior to any questioning, if he so desires; and he has the right to terminate the interrogation at any time and not to answer any further questions.” We now hold that the italicized portion of this quotation was obiter dictum. The S.C. Supreme Court does not interpret Miranda v. Arizona, 384 U.S. 436 (1966), to require a warning on the right to terminate an interrogation at any time and to not answer any further questions.

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