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Tag Archives: Insufficient Findings

Criminal Practice – Child Pornography – Sentencing – Restitution – Insufficient Findings (access required)

U.S. v. Burgess The 4th Circuit affirms defendant’s conviction of receipt and possession of child pornography, but vacates a restitution order requiring defendant to pay $305,220 to “Vicki,” an identified victim; the district court did not make specific findings regarding the elements of restitution, as required under the Mandatory Restitution for Sexual Exploitation of Children Act, 18 U.S.C. 2259, and the case is remanded for calculation of the loss this specific defendant caused the victim portrayed in the pornographic material possessed by defendant.

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Domestic Relations – Parent & Child – Custody Modification – Changed Circumstances – Insufficient Findings – Appeals – Visitation (access required)

Tillman v. Oakes The family court’s explicit findings of fact are insufficient to justify modifying custody. Although the order vaguely refers to other “serious issues,” Rule 26(a), SCFCR, requires the family court to set forth all of the findings of fact that support its decision.

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Criminal Practice – Sentencing – Enhancement – Perjury – Insufficient Findings (access required)

U.S. v. Perez In order to enhance a defendant’s sentence for obstruction of justice based on perjury, the sentencing court must make findings to clearly establish that a defendant gave false testimony on a material matter with willful intent to deceive. Because the trial court here failed to make the necessary findings, defendant’s enhanced sentence is reversed.

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Criminal Practice – Sentencing – Parole Eligibility – Manslaughter – Domestic Violence – Insufficient Findings (access required)

State v. Blackwell-Selim. (Lawyers Weekly No. 010-046-11, 3 pp.) (Per Curiam) Appealed from Horry County Circuit Court. (Steven H. John, J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Click here for the full text of ...

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Domestic Relations – Parent & Child – Termination of Parental Rights – Home Safety – Best Interests – Insufficient Findings (access required)

South Carolina Department of Social Services v. Grace W. (Lawyers Weekly No. 011-149-10, 3 pp.) (Per Curiam) Appealed from Greenwood County Family Court. (Joseph W. McGowan III, J.) S.C. App. Unpub. Click here for the full text of the opinion. ...

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