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Tag Archives: First Impression

Criminal Practice – Jury & Jurors – ‘Anonymous’ Jury – Murder Trial – First Impression – Constitutional – Hearsay Evidence – Murdered Witness — Conspiracy (access required)

U.S. v. Dinkins Using an ‘anonymous’ jury whose biographical information has been withheld from defense lawyers and defendants accused of drug-trafficking and the murder of government witnesses is not a reason to overturn their convictions; the 4th Circuit follows decisions by its sister circuits and provides guidelines for use of anonymous juries.

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Civil Practice – Attorney’s Fees – Trade Secrets Act – First Impression — No Bad Faith Showing – Frivolous Proceedings Act – Copyright Act (access required)

Uhlig LLC v. Shirley Even though plaintiff’s claims against defendant Eventelope, LLC remained until plaintiff withdrew them just prior to submission of the case to the jury, plaintiff was substantially unable to complete the discovery which would have revealed the extent of Eventelope’s involvement in the misappropriation of trade secrets due to the parties’ disputes over the proper protocol for the examination of defendants’ electronic files.

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Bankruptcy – Chapter 13 – Household Size – Domestic Relations – Parent & Child – Split Custody – Children & Stepchildren – First Impression (access required)

Johnson v. Zimmer It’s not just “heads on the beds” that count when a bankruptcy court is trying to determine “household” size for a Chapter 13 debtor in a “blended” household that includes children and step-children who are part-time residents, but the “economic unit,” the 4th Circuit says in this first-impression case for all circuit courts; debtor may amend her plan to reflect a household of five, not seven.

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Criminal Practice – CSC with a Minor – Evidence – S.C. Homeland Security Act – Wiretapping by Parent – Vicarious Consent – First Impression – Forensic Interview (access required)

State v. Whitner Since the minor victim’s mother acted in good faith when she recorded the victim’s telephone conversations with defendant, the recordings were admissible under the S.C. Homeland Security Act.

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Arbitration – Real Property – Sale of Completed Home – FAA Inapplicable – Intrastate Contract – First Impression (access required)

Bradley v. Brentwood Homes, Inc. When a buyer contracts to buy a completed house, the fact that out-of-state contractors were involved in building the house does not convert an intrastate contract into one involving interstate commerce. Therefore, the Federal Arbitration Act is inapplicable. Since the contract did not satisfy the requirements of the S.C. Uniform Arbitration Act, the buyer was not required to submit his claims to arbitration.

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