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Prisons & Jails – Parole Denial – Facts of Offense – Juvenile Offender – Exemplary Inmate
The appellant-inmate has been imprisoned for 50 years for a crime he committed at age 17. The jury recommended mercy, and there appears to be no dispute that appellant has been an exemplary inmate and demonstrated remorse, rehabilitation and a low risk for recidivism. While it seems that the review conducted by the Parole Board […]
Prisons & Jails – Parole Denial – Inmate’s Files – Right to Access
The Parole Board of the South Carolina Department of Probation, Parole and Pardon Services’ (the Board’s) Form 1212 says in part, “[I]nmates themselves have no right to inspect the contents of their files. If the inmate thinks his/her file is somehow incomplete or contains some errors or other inaccuracy, he/she must notify the Board of […]
Prisons & Jails – Constitutional – Death Penalty – Execution Methods – Discovery – Lethal Injection
In four death-row inmates’ challenge to the constitutionality of two of the three execution methods set out in S.C. Code Ann. § 24-3-530 (electrocution and firing squad), the circuit court abused its discretion by denying the inmates’ discovery requests for information regarding the availability of lethal injection and the state’s efforts in making this execution […]
Criminal Practice – Identification Procedure – Suggestive – Necessary – Prisons & Jails
State v. Wyatt (Lawyers Weekly No. 010-058-17, 10 pp.) (John Cannon Few, J.) (Kaye Hearn, J., concurring) Appealed from Lancaster County (DeAndrea Benjamin, J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: Minutes after a prison guard observed someone throwing items over the prison fence, a man fitting the description […]
Administrative – Prisons & Jails – ALC Jurisdiction – Future Credits – Constitutional
Howard v. South Carolina Department of Corrections Pursuant to the current version of S.C. Code Ann. § 1-23-600(D), the Administrative Law Court may not hear prisoner appeals involving only the loss of the opportunity to earn sentence-related credits; however, the ALC must consider whether a prisoner’s appeal implicates a state-created liberty or property interest.
Criminal Practice – RICO Conspiracy – Gang Members – Prisons & Jails
U.S. v. Mouzone The 4th Circuit rejects claims of error by two defendants convicted of a RICO conspiracy for their participation in criminal activities of the Tree Top Piru gang, a prison-based subset of the Bloods gang that developed in the Maryland prison system.
Tort/Negligence – Negligent Supervision – Public Employees – Gross Negligence Standard – Prisons & Jails – Sexual Assault by Guard
Hamilton v. Charleston County Sheriff’s Department Plaintiff’s criminologist testified that defendant was grossly negligent because it had grossly violated nationally accepted standards by failing to (1) minimize contact between male officers and female inmates, (2) monitor the officers’ whereabouts, and (3) implement adequate supervision mechanisms such as cameras and locked doors.
Criminal Practice – Prisons & Jails – Possession of Contraband – Shank in Shoe – Sentencing – Career Offender – Violent Crime
U.S. v. Mobley An inmate convicted of possessing contraband, after he was discovered with a shank in his shoe, can be sentenced as a career offender because possession of the shank qualified as a crime of violence under the federal sentencing guidelines, the 4th Circuit says.
Prisons & Jails – Constitutional – Due Process & Ex Post Facto Clauses – Parole Denial Policy – Violent Offenders
Burnette v. Fahey Plaintiff Virginia inmates have not stated due process and ex post facto claims against defendant members of the Virginia Parole Board in their official capacities for an alleged policy of denying parole to parole-eligible inmates convicted of violent offenses; the 4th Circuit affirms dismissal of the inmates’ complaint.
Prisons & Jails – Civil Rights – ‘3 Strikes’ Dismissal – Inmate’s Appeal
Henslee v. Keller In an inmate’s suit alleging prison barbers do not sanitize equipment and put inmates at risk for infection, the district court’s dismissal of the suit cannot act as “strike three” that prevents the inmate from gaining IFP status to appeal the dismissal; the 4th Circuit joins the majority of federal appellate courts to consider the question to hold that a distric[...]
Criminal Practice – Prisons & Jails — Habeas Corpus – ‘Good Time’ Credits — Custody Grade
Waddell v. Dep’t of Correction A North Carolina prisoner whose 1975 death sentence was commuted to life in prison loses his challenge to the state’s application of “good time” credits to allegedly extend his sentence beyond his effective release date; the 4th Circuit upholds the district court decision that the prisoner’s habeas petition...
Prisons & Jails – Constitutional – Pretrial Detainee – Suicide – Deliberate Indifference Claim
Millmine v. Harris In the light most favorable to plaintiff, the evidence and permissible inferences indicate that the defendant-correctional officers knew that plaintiff’s decedent was on suicide watch and had been prohibited from having any potentially dangerous materials – such as tearable fabric...
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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