Full court
Depends on whom you ask, whether a York County grand jury spent one day in June working at the pace of a competitive hot dog eater—only more analytically—or mindlessly fast-stamping indictments like electrical pins through an assembly line. But according to The Herald newspaper in Rock Hill, a collection of citizens gathered and true-billed 904 […]
Criminal Practice – Grand Jury Queries Defense Team on Phony Document
In re: Grand Jury Subpoena Under Seal 1, 2 and 3 (Lawyers Weekly No. 001-176-17, 8 pp.) (Per Curiam) No. 16-4096, Aug. 18, 2017; USDC at Charlotte, N.C. (Conrad, J.) 4th Cir. Holding: A grand jury investigating defendant’s provision of a fraudulent document may not ask a criminal defense team “what did the witness tell […]
Criminal Practice – Sanction of Excluded Grand Jury Testimony Was Error
U.S. v. McTague (Lawyers Weekly No. 001-151-16, 21 pp.) (Duncan, J.) No. 15-4739, Oct. 26, 2016; USDC at Harrisonburg, Va. (Urbanski, J.) 4th Cir. Holding: The 4th Circuit says a trial judge abused his discretion in excluding at defendants’ trial immigration violations in the operation of their Peruvian restaurant in Virginia, testimony from a friend […]
County grand juries in South Carolina almost always indict
GREENVILLE, S.C. (AP) — Defense attorneys said it is time for South Carolina to change its grand jury system because the panels often spend little time reviewing cases and almost always agree to indict defendants. Grand juries in Greenville County have returned indictments on 99.9 percent of the 18,700 charges they have heard since 2011. […]
Criminal Practice — No Burden-Shifting on Lawyer-Advice Defense
U.S. v. Westbrooks (Lawyers Weekly No. 001-050-15, 10 pp.) (Gregory, J.) No. 13-4764, March 13, 2015; USDC at Charlotte, N.C. (Conrad, J.) 4th Cir. Holding: The 4th Circuit affirms a defendant’s criminal contempt conviction for failure to comply with a grand jury subpoena, despite her claim that the district court violated her due process rights […]
Missouri police preparing for grand jury decision
FERGUSON, Mo. (AP) — Missouri police have been brushing up on constitutional rights and stocking up on riot gear to prepare for a grand jury’s decision about whether to charge a white police officer who fatally shot a black 18-year-old in suburban St. Louis. The preparations are aimed at avoiding a renewed outbreak of violence […]
Constitutional – Criminal Practice – Attorney General’s Authority – Grand Jury – Legislative Ethics
Harrell v. Attorney General (In re Grand Jury Investigation) (Lawyers Weekly No. 010-071-14, 13 pp.) (Per Curiam) Appealed from Richland County Circuit Court (L. Casey Manning, J.) S.C. S. Ct. Holding: Although the circuit court has the authority to assess the jurisdiction of the state grand jury, since the Ethics, Government Accountability, and Campaign Reform […]
Justices: Prosecutor can investigate House speaker
COLUMBIA— South Carolina’s top prosecutor has the authority to investigate House Speaker Bobby Harrell, the state’s highest court ruled Wednesday, saying Attorney General Alan Wilson properly empaneled a state grand jury to consider allegations the powerful Charleston Republican abused his power for personal benefit. The ruling overturned a lower court’s decision earlier this y[...]
Business Law
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- 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
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Commentary
- 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
- N.C. Bar Association embraces homophobia