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Sep 7, 2023

Prosecutors to seek new Hunter Biden indictment this month

WASHINGTON — Federal prosecutors plan to seek a grand jury indictment of President Joe Biden’s son Hunter before the end of the month, according to court documents filed Wednesday. The filing came in a gun possession case in which Hunter Biden was accused of having a firearm while being a drug user, though prosecutors did […]

Aug 16, 2023

Biden prosecutors say gun plea deal is dead

WASHINGTON — A legal showdown over the derailed plea deal for Hunter Biden continued Tuesday as prosecutors asserted that an agreement on a gun charge is dead along with the rest of the deal as the case makes a major shift into a special counsel investigation. While the agreement that was supposed to have wrapped […]

Apr 10, 2018

Solicitor recuses self from congressman gun case

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 to reporters April 9 that he couldn’t take the case because of a “personal friendship” with […]

Apr 26, 2017

Criminal Practice – Gun, Threats Supported Carjacking Conviction

U.S. v. Robinson (Lawyers Weekly No. 001-088-17, 9 pp.) (Wilkinson, J.) No. 15-4741, April 25, 2017; USDC at Baltimore, Md. (Motz, J.) 4th Cir. Holding: The 4th Circuit upholds defendant’s conviction for carjacking based on his participation, with two companions, in taking car keys at gunpoint from a woman who was in active labor, and […]

Apr 22, 2016

Slain driver’s DNA not found on officer’s gun

COLUMBIA, S.C. (AP) — After a South Carolina police officer shot and killed a driver in 2014, he told investigators the man had grabbed his gun — but a newly released investigative file reveals that the driver’s DNA was not found on the muzzle of the officer’s weapon. And a police dashcam video shows the […]

Mar 2, 2016

Criminal Practice – Gun Tip Not ‘Reasonable’ Basis for Pat-Down

U.S. v. Robinson (Lawyers Weekly No. 001-040-16, 46 pp.) (Harris, J.) No. 14-4902, Feb. 23, 2016; USDC at Martinsburg, W.Va. (Groh, J.) 4th Cir. Holding: An anonymous tip that a black man had loaded a gun in a 7-Eleven parking lot and then concealed it in his pocket before leaving in a car did not […]

Aug 17, 2015

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 and his adult son were struggling over it, petitioner would have been entitled to a […]

Apr 8, 2014

York deputies kill man who pointed gun at them

FORT MILL (AP) — York County deputies have shot and killed a man they say pointed a gun at them. The sheriff’s office says deputies responded to a home in Fort Mill early Tuesday morning to check on someone who was reportedly suicidal. Deputies say they shot a 28-year-old man after he pointed a gun […]

May 31, 2013

Two-timing man claims duplicity of the legal kind

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.”

Mar 4, 2013

Criminal Practice – Search & Seizure – Detention Illegal for Gas-Station Group

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 Circ[...]

Jan 28, 2011

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 blood trail into an appliance store led to a gun in plain view on a […]

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