Please ensure Javascript is enabled for purposes of website accessibility

Eighth Amendment

Nov 19, 2014

Criminal Practice — Constitutional – Eighth Amendment – Juvenile Defendants – LWOP

Aiken v. Byars (Lawyers Weekly No. 010-130-14, 19 pp.) (Kaye Hearn, J.) (Costa Pleicones, J., concurring) (Jean Hoefer Toal, Ch. J., joined by John Kittredge, J., dissenting) S.C. S. Ct. Holding: Even though petitioners, who were juveniles when they committed their crimes, were not subject to mandatory sentences of life without parole, since their sentencing […]

Nov 22, 2013

Criminal Practice – Juvenile ‘Violent Felonies’ Count for ACCA

U.S. v. Hunter A defendant sentenced as an armed career criminal for a weapons offense at age 33 cannot overturn his sentence by arguing the Eighth Amendment forbids a sentencing scheme that includes violent felonies he committed as a juvenile; the 4th Circuit rejects defendant’s attempt to extend the rationale of the U.S. Supreme Court’s 2012 decision in Miller v. Alabama.

Mar 7, 2013

Criminal Practice – Constitutional – Eighth Amendment – Proportionality – Leaving the Scene of a Fatal Accident – 20 Years

State v. Harrison Given the alarming rate of traffic accidents and accident fatalities in South Carolina, our General Assembly could rationally conclude that leaving the scene of a fatal accident poses a risk substantial enough to support a penalty of up to 25 years’ imprisonment.

Sep 21, 2011

Prisons & Jails – Civil Rights – Constitutional – Eighth Amendment

Moore v. Laurens County Plaintiff brings his Eighth Amendment claim against the defendant Department of Corrections (DOC) under 42 U.S.C. § 1983; however, as an administrative agency of the State of South Carolina, DOC does not qualify as a person subject to suit under ¤ 1983. Plaintiff’s federal claims are dismissed with prejudice. The court declines to exercise jurisdiction over [...]

Business Law

See all Business Law News


See all Commentary


How Is My Site?

View Results

Loading ... Loading ...