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Tag Archives: Due Process

Municipal – Zoning – Auto Salvage Business – Alleged Oral Contracts – Due Process – County Code Violations – Environmental – Adjacent Superfund Site (access required)

Huggins, t/a SADISCO of Md. v. Prince George’s County, Md. A property owner who operated a salvage automobile wholesaling business on a parcel adjacent to Andrews Air Force Base’s CERCLA Superfund site, and whose business was cited for numerous county code violations, loses an appeal of the dismissal of its due process and state law claims against Prince George’s County, Md., for shutting down the salvage business pursuant to a consent order; the 4th Circuit says the owner failed to prove oral contracts under Maryland law.

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Criminal Practice – Habeas Corpus – Constitutional – Due Process – References to Religion – Church-Service Robbery (access required)

Deyton v. Keller Although the trial judge at defendants’ trial for armed robbery of Sunday worship services at a North Carolina church made references to religion, those references did not violate defendants’ right to due process, as defendants’ choice to target a church during weekly services “imbued their crime with an undeniably religious character”; the 4th Circuit denies defendants’ claim for habeas relief under 28 U.S.C. § 2254.

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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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Labor & Employment – Public Employees – Schools & School Boards – Teaching Contract – Nonrenewal – Constitutional – Due Process (access required)

Young v. Charleston County School District The record does not show that a three-member committee made the required report to the school board before the board accepted the committee’s recommendation not to renew the plaintiff-teacher’s contract. Moreover, the teacher was not given sufficient notice of the board’s meeting, so neither she nor her attorney was present at the meeting. The record does not reflect that the teacher’s due process rights were protected.

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Labor & Employment – Public Employees – Retirement — Administrative Remedies – Inapplicable – Constitutional – Due Process – Property Interest (access required)

Grimsley v. South Carolina Law Enforcement Division Since plaintiffs’ disagreement is with the S.C. Law Enforcement Division and not with its retirement system, the Retirement Act does not apply, and plaintiffs were not required to exhaust any administrative remedies before filing suit. Furthermore, plaintiffs have sufficiently alleged a property interest in the percentage of their salary that was deducted to pay the defendant-employer’s share of plaintiffs’ retirement system contribution.

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Criminal Practice – Constitutional – Due Process – Prosecutorial Misconduct – Witness Intimidation – No Prejudice (access required)

State v. Inman Even though the prosecutor intimidated a defense witness, since the witness testified anyway, and especially since the proceeding was before a judge instead of a jury, defendant has not shown that he was prejudiced by the prosecutorial misconduct. We affirm defendant’s sentence of death for murder and two consecutive 30-year sentences for first-degree burglary and first-degree criminal sexual conduct.

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Constitutional – Due Process – State Constitution – Municipal – Zoning –Housekeeping Unit – Unrelated Persons (access required)

McMaster v. Columbia Board of Zoning Appeals There is a rational relationship between the defendant-city’s decision to limit to three the number of unrelated individuals who may live together as a single housekeeping unit and the legitimate governmental interests of controlling the undesirable qualities associated with mass student congestion. The city’s ordinance does not violate the Due Process Clause of the S.C. Constitution. We affirm the circuit court decision to uphold the ordinance.

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Criminal Practice – PCR – Competency – Constitutional – Due Process – Effective Assistance (access required)

Lee v. State After petitioner pleaded guilty to several charges in June 2005, a December 2005 evaluation showed that he was incompetent to stand trial, and petitioner sought post-conviction review (PCR) of his guilty pleas. A psychiatrist testified that petitioner’s mental status dated back to when he was in school and he had a documented history of mental retardation; this was sufficient to show a reasonable probability that petitioner was incompetent at the time of the plea. However, petitioner also had to demonstrate plea counsel’s performance was deficient. Plea counsel could not be deficient if she had no indication of petitioner’s mental status.

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Constitutional – Due Process – Administrative – Licenses & Permits – Contractor’s License – Tort/Negligence – Defamation – Tortious Interference with Contractual Relations (access required)

Squirewell v. South Carolina Department of Labor, Licensing & Regulation Although plaintiff asserts that he was denied procedural due process, he did not take advantage of existing procedures; that is, after his contractor’s license was revoked, plaintiff did not appeal to the Administrative Law Court. Plaintiff’s failure to use available post-deprivation procedures defeats his procedural due process claim. Summary judgment for defendants.

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Child support case triggers another due process ruling  (access required)

The imprisonment of South Carolinians found in contempt for failure to pay child support was front and center when the U.S. Supreme Court released its decision in Turner v. Rogers on June 20. In that case, the high court reversed a jail sentence entered against Michael Turner because the procedures at his civil contempt hearing violated his due process rights. Now the S.C. Supreme Court has entered the fray, reversing a child support-related criminal contempt penalty because Brian DiMarco (pictured) was entitled to a jury trial before Greenville County Family Court Judge Barry W. Knobel sentenced him to 12 months in prison.

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