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Jury Trial

Sep 8, 2020

First COVID-era criminal jury trial ends with murder conviction

After months of delays, the South Carolina courts are now starting to forge ahead with criminal jury trials, albeit on a limited basis. The attorneys involved in the very first trial convened since the COVID-19 pandemic began back in March had mixed reactions to how it all played out, although all of the attorneys agreed […]

Jan 28, 2015

Real Property — Mortgages – Guaranty – Constitutional – Jury Trial Right – Equitable Action – Permissive Counterclaims

Carolina First Bank v. BADD, L.L.C. (Lawyers Weekly No. 010-017-15, 8 pp.) (Costa Pleicones, J.) Appealed from Horry County Circuit Court (Steven John, J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: In a mortgage foreclosure action, S.C. Code Ann. § 29-3-660 gives to the court – not a jury […]

May 17, 2013

Justice in the fast lane

Speedy trial has taken on new meaning in South Carolina with the statewide rollout of an updated dispute resolution process, which is touted as a means to unburden the backlogged courts while also giving lawyers more chances to argue in front of juries.

Jun 11, 2012

Bankruptcy – Constitutional – Jury Trial – Motion to Withdraw Reference

Official Committee of Unsecured Creditors v. National Patent Development Corp. While the bankruptcy court cannot enter a final judgment on certain state law claims, Stern v. Marshall, 131 S. Ct. 2594 (2011), the bankruptcy court can nevertheless handle pretrial proceedings.

Apr 5, 2012

Administrative – Stark Law Violations – False Claims Act – Constitutional – Jury Trial – Hospital

U.S. ex rel. Michael K. Drakeford MD v. Tuomey Healthcare System Inc. A federal appeals court vacates a $45 million judgment against a Sumter, S.C., health care system for Stark Law violations and sends the case back, saying the district court’s handling of the case violated the defendant’s Seventh Amendment right to a jury.

Dec 22, 2011

Criminal Practice – Insanity Defense – State’s Evidence – Jury Trial

State v. Senter Defendant presented lay and expert opinion that he had delusions of persecution by the FBI and did not know right from wrong when he shot his wife; however, the state presented lay testimony that defendant was calm around the time of the shooting and evidence that defendant planned the shooting and tried to hide it. Evidence of defendant’s sanity was sufficient to create[...]

Aug 26, 2011

Constitutional – Jury Trial – Waiver – Real Property – Foreclosure — Mortgages — Promissory Note – Counterclaims – Tort/Negligence

Wachovia Bank, N.A. v. Blackburn Although the prominent jury trial waiver in defendants’ promissory notes is valid and binding, it does not apply to defendants’ counterclaims, which are based on their allegations that the bank partnered with a developer and made misrepresentations about the properties being sold and the construction of amenities. We affirm the trial court’s rulin[...]

Mar 4, 2011

Tort/Negligence – FELA Claim – Summary Judgment – Jury Trial – Genuine Issue of Material Fact – Knee Injury – Release

Bean v. S.C. Central Railroad. (Lawyers Weekly No. 011-038-11, 15 pp.) (John D. Geathers, J.) Appealed from Darlington County Circuit Court. (Paul M. Burch, J.) S.C. App. Click here for the full text of the opinion. Holding: A former railroad employee could not upset summary judgment in favor of his former employer in a dispute […]

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