COLUMBIA (AP) A prosecutor who was asked to file charges against a South Carolina congressman who pulled out his own loaded handgun during a constituent meeting is recusing himself from the case. Solicitor Kevin Brackett said in a letter released ...Read More »
Criminal Practice – Constitutional – Ineffective Assistance – Involuntary Manslaughter – Struggle for a Gun
Wigington v. State (Lawyers Weekly No. 011-078-15, 9 pp.) (James Lockemy, J.) Appealed from Spartanburg County (Doyet Early III, Trial Judge & Roger Couch, Post-Conviction Relief Judge) S.C. App. Holding: Where petitioner testified that his gun went off while he ...Read More »
Justice Kaye Hearn seemed to relish the recent task of writing the state Supreme Court’s opinion in State v. Samuels, seizing the opportunity to expound on both the legal and common understandings of duplicity, describing it as “an ill-favored quality in both life and the law.”Read More »
U.S. v. Black Even assuming the initial encounter between a group of uniformed police officers and a group of five men congregated at a gas station was consensual, the officers’ increasing show of authority, immediate seizure of one man’s gun and frisk of the men in the group and seizure of defendant’s ID, quickly changed the encounter to an investigatory detention, and the 4th Circuit says a gun found on defendant should have been suppressed.
Tagged with: GunRead More »
Criminal Practice – Search & Seizure – Search Warrants – Supporting Affidavits – Conflicting Statements – Plain View – Gun
U.S. v. Allen. (Lawyers Weekly No. 001-019-11, 16 pp.) (King, J.) No. 10-4012, Jan. 21, 2011; USDC at Baltimore (Motz, J.) 4th Cir. Click here for the full text of the opinion. Holding: Although one detective’s affidavit said a post-shooting ...Read More »