Free Newsletter
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 […]
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.
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.
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
- 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
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- 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
