Tag Archives: mental illness

Following Orders (access required)

prisoner behind bars

A scathing trial court order in a class action lawsuit has given the public a glimpse behind the walls of South Carolina’s prisons, revealing the subhuman conditions that inmates suffering from mental illness have endured for far too long. But ...

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Criminal Practice – Constitutional – Self-Representation – Murder – Death Penalty (access required)

State v. Barnes A capital defendant may waive his right to counsel; so long as the defendant makes his request prior to trial, the only proper inquiry is the competency-to-stand-trial inquiry mandated by Faretta v. California, 422 U.S. 806 (1975). South Carolina declines to adopt the higher standard for competency to waive counsel permitted by Indiana v. Edwards, 554 U.S. 164 (2008).

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Tort/Negligence – Negligent Hiring & Entrustment – Shooting – Proximate Cause – Armed Security Guard (access required)

Portee v. Always Precise Protection Agency & Investigations, Inc. Even though the defendant-employer’s failure to make a reasonable inquiry led it to hire defendant John Portee as an armed security guard and to give him the weapon and ammunition that injured plaintiff Timothy Portee, plaintiffs have not shown that the employer’s alleged negligence was the legal cause of Timothy’s injury.

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