Solicitor Wilson says SCACDL is retaliating against her office
Ninth Circuit Solicitor Scarlett Wilson responded this afternoon to the S.C. Association of Criminal Defense Lawyers’ call for the state attorney general to investigate her office for prosecutorial misconduct. Wilson said in a prepared statement that her “office aims to strike hard blows, not foul ones. Prosecutors who attempt to ‘win at all costs’ seriously undermine [&[...]
Recent court ruling recalls an old case of thwarted justice
The U.S. Supreme Court recently addressed the duty of the prosecutor to be fair to persons charged with crimes. In Smith v. Cain, the court ruled that a prosecutor in New Orleans engaged in prosecutorial misconduct when he failed to disclose prior statements made by an eyewitness who identified Juan Smith as the person who killed five people in a 1995 shooting. Prior written interviews of the eyew[...]
Criminal Practice – Constitutional – Due Process – Prosecutorial Misconduct – Witness Intimidation – No Prejudice
State v. Inman Even though the prosecutor intimidated a defense witness, since the witness testified anyway, and especially since the proceeding was before a judge instead of a jury, defendant has not shown that he was prejudiced by the prosecutorial misconduct. We affirm defendant’s sentence of death for murder and two consecutive 30-year sentences for first-degree burglary and firs[...]
Double jeopardy applied after solicitor ‘goaded’ mistrial, justices rule
man who was convicted of murder after two trials was barred from prosecution in the second trial under the Double Jeopardy Clause because of prosecutorial misconduct, the S.C. Supreme Court ruled. In a rare invocation of the clause, Jack Edward Earl Parker won reversal of his conviction by arguing that a prosecutor goaded defense counsel into moving for a mistrial during the first trial. A lawyer[...]
Criminal Practice – Constitutional – Double Jeopardy – Mistrial – Prosecutorial Misconduct
State v. Parker. Where the first trial judge ruled that prosecutorial misconduct goaded defendant into moving for a mistrial, the second trial judge erred when he denied defendant's motion to dismiss based . . .
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
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- 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