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Sep 8, 2015

Too late

Remember when the South Carolina Supreme Court declared that the state’s solicitor-controlled criminal docket was unconstitutional. That happened in November 2012, when the court issued the Langford decision. Two years, nine months and a few weeks later, solicitors are still very much in control of the docket – a power that defense lawyers say has […]

Nov 13, 2014

SC appeals ruling that tosses out gay marriage ban

COLUMBIA (AP) — South Carolina Attorney General Alan Wilson is formally appealing a judge’s ruling that tossed out the state’s ban on same-sex marriages. Wilson on Thursday filed a notice he would be appealing to the 4th U.S. Circuit Court of Appeals in Richmond, Virginia. He has called the ruling no surprise and that he […]

Sep 24, 2013

Bankruptcy – Appeals – Mootness – Hospital Asset Sale – Constitutional – Dual Office Holding

Alexander v. Barnwell County Hospital Even though, by the time the bankruptcy court allowed the defendant-hospital to consummate its bankruptcy plan, the S.C. Supreme Court had already ruled that it was unconstitutional for the county council to install itself as the hospital’s board, this appeal – seeking an unwinding of that plan – is moot.

Jul 26, 2013

Civil Rights – Excessive Force – Deputy Sheriff – Sheriff & Detention Center

Shelley v. County of Kershaw The parties’ arguments assume that the defendant-county’s detention center had a policy of non-intervention: detention center officers may not exit the intake area of the detention center and intervene in an altercation between a deputy sheriff and a detainee. However, there is no evidence that, prior to the handcuffed plaintiff’s beating by a deputy sh[...]

Jul 10, 2013

Prisons & Jails – Parole – Constitutional – Ex Post Facto Law – Board Quorum

Barton v. South Carolina Department of Probation Parole & Pardon Services A change in a parole statute -- requiring a two-thirds vote of the parole board rather than a majority vote to grant parole to violent offenders -- is an unconstitutional ex post facto law as applied to petitioner, who was convicted of murder before the statutory amendment. Even under the new law, a vote in fa[...]

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