South Carolina Lawyers Weekly

Sep 13, 2024

Review: Gorsuch rightfully critiques administrative state

By Harvey A. Silverglate and Darcelis Worrell Supreme Court Associate Justice Neil Gorsuch has performed a valuable public service in laying out — and not for the first time — […]

Aug 14, 2024

Ex-chief who raided newspaper faces felony obstruction charge

TOPEKA, Kan. — A former Kansas police chief who led a raid last year on a weekly newspaper has been charged with felony obstruction of justice and is accused of […]

Sep 7, 2023

Biden draws line in 9/11 terror attack plea deals

WASHINGTON — President Joe Biden has refused to approve some of the conditions that lawyers for the defendants in the Sept. 11, 2001, attacks had sought in a possible plea […]

May 13, 2016

Criminal Practice – PCR – Sentencing – Plea Bargain – Federal & State Sentences – Concurrent

Ham v. State (Lawyers Weekly No. 010-042-16, 6 pp.) (Per Curiam) Appealed from Pickens County (Robin Stilwell, J.) S.C. S. Ct. Unpub. Holding: Federal Bureau of Prison rules prohibited petitioner […]

May 4, 2016

Criminal Practice – Sentence Conduct Breached Plea Agreement

U.S. v. Warner (Lawyers Weekly No. 001-081-16, 14 pp.) (Niemeyer, J.) No. 15-4316, April 27, 2016; USDC at Charlotte, N.C. (Conrad, J.) 4th Cir. Holding: Although the government recommended the […]

Jul 31, 2015

Criminal Practice — PCR – Ineffective Assistance Claim – Plea Bargain – State’s Breach

Smith v. State (Lawyers Weekly No. 010-087-15, 3 pp.) (Kaye Hearn, J.) (Costa Pleicones, J., concurring in the result only without separate opinion) Appealed from Richland County Circuit Court (L. […]

Jul 14, 2015

Criminal Practice — No Habeas Relief on Recidivist Claim

Christian v. Ballard (Lawyers Weekly No. 001-131-15, 67 pp.) (Traxler, J.) No. 13-7333, July 8, 2015; USDC at Huntington, W.Va. (Chambers, J.) 4th Cir. Holding: A West Virginia defendant cannot […]

May 7, 2015

4th Circuit nixes plea deal over judge’s coaxing

RICHMOND, Va. – A trial judge may have been trying to help a defendant who balked at a deal offered by prosecutors, but an appeals court said the judge went […]

Mar 8, 2011

Criminal Practice – Rule 29 – Plea Bargain – Post-Sentencing Motion – Reconsideration – Timeliness

State v. Warren. Even though the defendant moved to withdraw her guilty plea within 10 days of her trial, when she subsequently amended that motion three years later, abandoning her motion to withdraw her . . .