Free Newsletter
Different jurisdictions, but same conspiracy
An argument by prosecutors that a drug dealer engaged in two separate conspiracies and could be prosecuted in separate Virginia districts has failed to persuade judges of the 4th U.S. Circuit Court of Appeals. The 4th Circuit unanimously held June 1 that an attempt to buy several kilograms of cocaine from a confidential informant in […]
Criminal Practice – Two Charges Violated Double Jeopardy
U.S. v. Jones (Lawyers Weekly No. 001-122-17, 17 pp.) (Thacker, J.) No. 15-4763, June 1, 2017; USDC at Lynchburg, Va. (Moon, J.) 4th Cir. Holding: A defendant who pleaded guilty to a drug conspiracy count in the Eastern District of Virginia cannot be prosecuted in the Western District for a drug conspiracy involving the same […]
Criminal Practice – Court Need Not Decide Double Jeopardy Claim
Robinson v. Thomas, Warden (Lawyers Weekly No. 001-095-17, 23 pp.) (Agee, J.) No. 16-11, April 27, 2017; USDC at Raleigh, N.C. (Dever, J.) 4th Cir. Holding: The 4th Circuit upholds a district court decision to abstain from intervening in two convicted murderers’ proceeding asserting that a North Carolina state court’s second review, on appeal by […]
Justices debate the consequences of wrongful acquittals
BOSTON — The justices of the U.S. Supreme Court tackled a tough question earlier this month, considering what consequences result under the double jeopardy clause from an acquittal that was caused by a judge’s error.
Criminal Practice – Forgery – Civil Practice – Evidence – Attorneys – Tort/Negligence – Legal Malpractice – Contempt – Constitutional – Double Jeopardy – Value — Sentencing
State v. Brandt The offense of criminal contempt has an element that the offense of forgery does not have, and vice versa. Therefore, defendant’s prosecution for forgery - after his criminal contempt conviction — does not violate the constitutional prohibition against double jeopardy. We affirm defendant’s conviction of forgery but remand so that he may be sentenced for a misdeme[...]
Double jeopardy applied after solicitor ‘goaded’ mistrial, justices rule
man who was convicted of murder after two trials was barred from prosecution in the second trial under the Double Jeopardy Clause because of prosecutorial misconduct, the S.C. Supreme Court ruled. In a rare invocation of the clause, Jack Edward Earl Parker won reversal of his conviction by arguing that a prosecutor goaded defense counsel into moving for a mistrial during the first trial. A lawyer[...]
Criminal Practice – Constitutional – Double Jeopardy – Mistrial – Prosecutorial Misconduct
State v. Parker. Where the first trial judge ruled that prosecutorial misconduct goaded defendant into moving for a mistrial, the second trial judge erred when he denied defendant's motion to dismiss based . . .
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
- 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
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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
