Appellate Law

Closing Out

Posted on December 13, 2008
Well, I have left private practice and have taken a job with the US Attorney's Office. In light of my career change, this blog is shutting down. Thanks to everyone who dropped by for the latest SC legal news. Merry Christmas.

Constitutional issues with Clinton appointment???

Posted on December 01, 2008
"No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office...

Who will Obama appoint to SCOTUS?

Posted on November 19, 2008
The LA Times has this article. The top three are:Judges Diane Wood, 58, of the U.S. appeals court in Chicago;Judge Sonia Sotomayor, 54, of the U.S. appeals court in New York;and Elena Kagan, 48, dean of Harvard Law School.

Billy Wilkins' return to the courtroom as a lawyer meets with success

Posted on November 19, 2008
From the Greenville News:William W. ?Billy? Wilkins successfully argued against a motion in a shareholder suit against South Financial that asked for a temporary restraining order barring retirement payments to retired CEO Mack Whittle as part of a an agreement that the suit alleges is ?unconscionable? and could threaten the company?s solvency if carried out...

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SCOTUS vacates injunction against Naval use of sonar

Posted on November 17, 2008
Last week, the United States Supreme Court issued its first opinion of the new term: Winter v. Natural Resources Defense Council. This case concerned the Navy?s use of mid frequency active sonar, which transmits sound waves at various frequencies. This type of sonar is used in Naval exercises, including training and tracking of submarines...

Obama could transform the Fourth Circuit

Posted on November 10, 2008
A snippet from the Richmond Times:As president, Barack Obama and a new U.S. Senate could transform the Richmond-based 4th U.S. Circuit Court of Appeals, long one of the most conservative in the country.President Bush failed to fill four vacancies on the 15-judge court, which decides cases on issues such as abortion, the death penalty and terrorism...

Judgment not necessary to pierce corporate veil

Posted on November 04, 2008
In Drury Development v. Foundation Insurance, the South Carolina Supreme Court answered the following certified question: whether a judgment against a corporation is a prerequisite to an alter ego claim. This question has come up often in South Carolina...

Voter registration drives

Posted on November 04, 2008
Here is an interesting take on the voter registration movement and the duties of citizenship.

SC Supreme Court says that dreadlocks is insufficient reason to strike juror

Posted on October 28, 2008
In McCrea v. Gheraibeh, the South Carolina Supreme Court reversed the denial of a Batson Motion and remanded the case for a new trial. This case arose out of an automobile accident. When three of six potential black jurors were struck, a Batson Motion was made...

Court of Appeals issues opinion on 43k settlements

Posted on October 21, 2008
The following settlement was put on record just before trial:Your Honor, the settlement that?s been reached is that this case will be dismissed with prejudice by an order of dismissal with prejudice to be consented to by the parties and signed by your honor...

Can McCain or Obama Turn the Supreme Court?

Posted on October 14, 2008
Law.com offers this analysis.

SC Supreme Court affirms conviction of criminal solicitation of a minor

Posted on October 13, 2008
In State v. Gaines, the South Carolina Supreme Court upheld a conviction under our recently enacted Criminal Solicitation of a Minor statute. Gaines was an Internet predator who used AOL chat rooms to engage in conversations with young girls. Unknown to Gaines, two of the friends he met on line were police officers...

Supreme Court hears case about Navy sonar and whales

Posted on October 09, 2008
From the LA Times:The Supreme Court justices appeared closely split Wednesday on whether environmental laws can be used to protect whales and other marine mammals from the Navy's use of sonar off the coast of Southern California. A Bush administration lawyer argued that when national security is at stake, the president and his top military commanders are entrusted with setting the rules...

Big Changes at SCOTUS

Posted on October 06, 2008
Law.com has a nice article on the upcoming term and possible changes.

SCOTUS declines to rehear Ban on Execution for Child Rape

Posted on October 03, 2008
The state of Louisiana and the Justice Department had asked the court to reconsider the 5 to 4 decision because the justices had not been presented with what the state and federal government considered an important fact: that Congress in 2006 made child rape a capital offense under military law...

Greenville Councilman Trout arresteed by FBI

Posted on October 02, 2008
WSPA has the scoop here. United States Attorney W. Walter Wilkins announced Harold Anthony ?Tony? Trout was arrested Wednesday morning by FBI agents on federal charges of unauthorized computer access. The federal complaint and supporting affidavit, filed Wednesday, allege violations concerning the unauthorized access of computers...

Chief Justice Roberts stays execution of Freddie Owens

Posted on October 02, 2008
Freddie Owens has gotten extra time to prepare a petition for cert to the Supreme Court. Owens was sentenced to death stemming from a 1997 robbery-murder on Laurens Road in Greenville County.In his order, Roberts wrote that should Owens' petition for a writ of certiorari be denied by the justices, the stay would automatically terminate...

I'm on Vacation

Posted on September 15, 2008
Check back October 1 for more posts!!

Social worker refuses to testify in Inman case

Posted on September 11, 2008
There has been an interesting twist in the Inman trial going on in Greenville. Marti Loring, a social worker licensed in another state, did a social history on Inman, but refused to take the stand after the prosecutor alleged she was violating state law by practicing social work in SC...

S.C. Supreme Court issues opinion of duty of counsel to present mitigation evidence

Posted on September 10, 2008
In Council v. State, the South Carolina Supreme Court affirmed relief in a death penalty PCR case. Council was convicted of sexually assaulting a woman and forcing her to ingest cleaning fluids. At trial, Council?s lawyer argued that he was not the murderer, but rather an accomplice at the scene actually did the killing...

Inman mitigation evidence presented in Greenville trial

Posted on September 10, 2008
Here is the story from the g-news. Today's proceedings are expected to focus on the defense testimony of mental and prison experts, carrying over Price?s testimony on Tuesday -- based on 3,000 pages of medical and prison records -- to how Inman?s childhood and genetic predisposition to mental disorders paved his violent path...

Forgotten, man sits in jail for two years

Posted on September 05, 2008
From the St. Louis Post:Joseph A. Shepard Sr. sat in local jails for almost two years, assuming that his lawyer was making progress on his case and that drug-related charges against him would soon be resolved in federal court.His family says lawyer Michael P...

Mississippi Supreme Court tries to suppress a dissenting opinion

Posted on August 28, 2008
Take a look at this article.Power corrupts--especially on the Mississippi Supreme Court.

ABA supports legal outsourcing

Posted on August 27, 2008
Always one to battle for Mom and Apple Pie, the ABA have given its approval to shipping American legal jobs to India. According to the opinion, Fat Cat Firms may send legal work overseas as long as the lawyer doing the outsourcing takes steps to ensure the protection of client confidences and preservation of attorney-client privilege...

SC Supremes issue opinion in Sloan emergency procurement case

Posted on August 26, 2008
From the Greenville News:The South Carolina Supreme Court on Monday sided with Greenville businessman Ed "Ned" Sloan in ruling that state transportation officials were wrong to negotiate with a contractor on a project rather than put the job out to bid...

Chief Justice Toal address SC judiciary

Posted on August 25, 2008
Among other points made, the Chief noted that South Carolina has fewer judges with a heavier caseload than any other court system in the nation.Here is a copy of her powerpoint.

Married to the Big-Firm Machine

Posted on August 14, 2008
Once again, the Snark has a hilarious take on law firm courtships. Considering our summers just left, I found this pretty funny.

SC Supreme Court holds that a defendant may waive, in a plea agreement, right to PCR

Posted on August 12, 2008
In Spoone v. State, the South Carolina Supreme Court dealt with the issue of whether a defendant who pleads guilty may also waive his rights to collateral review. The Court decided to follow federal law and held that a waiver of the right to collateral review is permitted where the circumstances surrounding the waiver show it is knowing and intelligent.

ACLU sues SC on ballot access

Posted on August 11, 2008
From Foxcarolina:A civil rights organization said it has filed a federal lawsuit against South Carolina, contending the state unfairly limits how candidates are chosen to be on voter ballots. The American Civil Liberties Union said it filed the lawsuit Thursday in U...

Trojans take the 'SC' mark from the Gamecocks

Posted on August 08, 2008
I'm a Clemson fan, but I do believe that the University of South Carolina was done wrong by U.S. Patent and Trademark Office. The Office ruled that the Gamecocks may no longer use the "SC" logo on their baseball caps. The Digital has this story.This is bogus...

Fourth Circuit affirms grant of summary judgment in Abu Ghraib defamation case

Posted on August 07, 2008
In CACI PREMIER TECHNOLOGY v. RHODES, a military contractor sued a radio talk show host for allegedly defamatory statements. CACI interrogated Iraqi detainees at the notorious U.S.-run Abu Ghraib prison in Iraq. In her radio program, Rhodes made a number of criticisms about CACI role in the torture and abuse of Iraqis...

Fourth Circuit issues SOX opinion declining to reinstate whistleblower

Posted on August 06, 2008
In WELCH v. CHAO, the Fourth Circuit upheld a district court decision declining to reinstate Welch. Welch is a fired bank executive who became the first person to win protection under the whistleblower protection provision of the Sarbanes-Oxley Act. The panel held that Welch failed to explain how his employer's poor accounting practices could be considered a violation of federal law.

S.C. Supreme Court offers guidance on excited utterances

Posted on August 05, 2008
Under South Carolina law, three elements must be met in order for a statement to be an excited utterance: (1) the statement must relate to a startling event or condition; (2) the statement must have been made while the declarant was under the stress of excitement; and (3) the stress of excitement must be caused by the startling event or condition...

Monday Humor

Posted on August 04, 2008
Associates love their big firm jobs--check out the latest from the Snark.

Fourth Circuit allows do-over in products case

Posted on July 31, 2008
In South Carolina Department of Disabilities and Special Needs v. Hoover Universal, an action was commenced alleging damages resulting from Hoover?s sale to the state of defective trusts and sheathing that were incorporated into public buildings in the 1970s...

SC Supreme Court grants relief in conflict of interest case

Posted on July 29, 2008
In Lomax v. State, the Supreme Court granted PCR relief in a conflict of interest case. Lomax and her husband, Noah, pled guilty to a variety of drug offenses. Noah was sentenced to 3 years and Lomax received 25 years. Lomax argued that her defense lawyer, who also represented her husband, was ineffectual because of a conflict of interest...

ABA Report is said to be highly critical of SC lawyer disciplinary system and Chief Justice Toal

Posted on July 24, 2008
FTS news has this blog post. Here is a taste:"A draft report from the American Bar Association harshly criticizing South Carolina?s controversial attorney discipline system has been confidentially provided to S.C. Chief Justice Jean Toal, a source close to the S...

SC Court of Appeals issues opinion on duty to report abuse of vulnerable adult

Posted on July 24, 2008
In Williams v. Watkins, the court of appeals considered an order granting summary judgment in favor of Babcock Center and its employee, Nancy Watkins, on Carrie and Robert Williamses' claims for defamation and the intentional infliction of emotional distress...

Conrad nomination to Fourth Circuit held up in partisan fight

Posted on July 23, 2008
Lisa Zagaroli has this article that begins:U.S. District Judge Robert Conrad of Charlotte is either an arbitrator so honest that he would rule against his own brother or a conservative extremist who would ?turn the clock back? on people's rights.Whether his friends or foes are correct ? or the truth is somewhere in between one thing seems certain: He is no closer to sitting on the 4th Circuit Court of Appeals, or even getting a confirmation hearing, than he was on the day President Bush nominated him a year ago...

Fourth Circuit still the fastest in the nation

Posted on July 23, 2008
From the Charlotte Observer:The Richmond-based 4th Circuit Court of Appeals, which serves the Carolinas and three other states, disposes of cases more quickly than any other circuit in the nation despite its four vacancies. During the 2007-08 court year, it did so by relying on visiting circuit and district judges on 76 percent of the panels that heard oral arguments...

More on al-Marri ruling

Posted on July 21, 2008
The NYT has a good op-ed up on the Fourth Circuit's Ali al-Marri ruling. Here is a taste:The Bush administration has been a waging a fierce battle for the power to lock people up indefinitely simply on the president?s say-so. It scored a disturbing victory last week when a federal appeals court ruled that it could continue to detain Ali al-Marri, who has been held for more than five years as an enemy combatant...

4th Circuit dangerously expands alleged "wartime power"

Posted on July 18, 2008
The Fourth Circuit Court of appeals, in a fractured en banc decisions, held that the President has the legal power to order the indefinite military detentions of civilians captured in the United States. However, the Court also ruled that Ali al-Marri, a citizen of Qatar now in military custody in Charleston, S...

Fourth Circuit decides defamation suit againt NYT

Posted on July 16, 2008
In Hatfill v. The New York Times, the Fourth Circuit upheld the district court's grant of summary judgment in favor of the Times. Hatfill alleged that a series of columns published in the newspaper implicated him in the 2001 anthrax mailings that killed five people and sickened 17 others...

S.C. Supreme Court upholds death for Freddie Owens

Posted on July 15, 2008
The Greenville News has this story.

S.C. Court of Appeals upholds discovery sanction of striking answer for failure to produce documents

Posted on July 10, 2008
In McNair v. Fairfield County, the Court of Appeals upheld the sanction of striking the County's answer in a condemnation case. The County had not produced documents 7 ½ months after the trial court granted plaintiff's motion to compel. At the 11th hour the county promised to have all discovery matters cleared up within one month, but failed to do so...

S.C. Court of Appeals holds that professional negligence claims are assignable

Posted on July 09, 2008
In Fowler v. Hunter, the court of appeals considered the assignability of professional negligence claims. The Fowlers were seriously injured when the motorcycle they were riding was struck by a car driven by Sallie Hunter. The car was owned by Gynecologic Oncology Associates (?GOA?) for use by Mrs...

Fourth Circuit upholds suprevised release requirement of intramuscular injections of antipsychotic drugs

Posted on July 08, 2008
In United States v. Holman, the Fourth Circuit Court of Appeals considered the propriety of a condition of supervised release requiring that Holman participate in mental health treatment and take all prescribed medication, including intramuscular injections of an antipsychotic drug...

Change in US News law school rankings could hurt schools with part-time programs

Posted on July 07, 2008
One important category on the US News list is the undergraduate grade-point average and LSAT scores of the incoming class. U.S. News currently uses only the grades and test scores of full-time students. The magazine is considering pooling the scores of part-time students after hearing allegations that some schools move students with lower grades and test scores into part-time programs so they can report better data...

Great story on the young lawyer who argued Heller

Posted on July 02, 2008
Heller was only his second appellate argument ever. This is a good read.

Next President could immediately appoint 100 judges

Posted on July 02, 2008
The Senate is proposing to expand the federal judiciary by 50 permanent judgeships -- including a dozen on federal appellate courts nationwide.Because the Senate is unlikely to confirm the existing 45 unfilled judicial vacancies by the end of the Bush II term, the incoming president would have an immediate opportunity to appoint nearly 100 judges, when the unfilled vacancies are combined with potential new judgeships...

Thoughts on Heller

Posted on June 30, 2008
The Second Amendment provides that "[a] well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." In District of Columbia v. Heller, the Supreme Court held that the plain language of the Amendment recognizes a personal right, belonging to "the people," to possess firearms...

SCOTUS holds that the states may not execute those who rape children

Posted on June 26, 2008
In Kennedy v. Louisiana, the Supreme Court decided whether the Constitution bars a state from imposing the death penalty for the rape of a child where the crime did not result, and was not intended to result, in death of the victim. The Court held that the Eighth Amendment does prohibit the death penalty for this offense...

On our way to a 1:1 ratio with punitive damages??

Posted on June 26, 2008
Yesterday, the United States Supreme Court decided Exxon Shipping v. Baker. This decision dealt with a punitive damages award arising out of the spill from the Exxon Valdez in 1989. Millions of gallons of crude oil were dumped into Prince William Sound, causing extensive damage to the environment, commercial fishermen, and native Alaskans...

SCOTUS holds assignee of claims claims have standing eve if they have no interest in the proceeds of verdict or settlement

Posted on June 25, 2008
The Supreme Court decided Sprint v. APCC, which dealt with an interesting assignment issue. At base, the Court was asked to decide whether a plaintiff who has been assigned rights to pursue a legal claim, but will collect no proceeds from the outcome of the suit, has standing under Article 3 to bring suit...

Supreme Court holds that court of appeals may not increase sentences without a government cross-appeal

Posted on June 25, 2008
In Greenlaw v. United States, the Supreme Court considered whether a United States Court of Appeals acting on its own initiative and without an appeal or cross-appeal from the government, may order an increase in a criminal defendant?s sentence. Greenlaw was convicted of various drugs and weapons offenses and sentenced to 442 months confinement...

SCOTUS holds right to counsel attaches at a defendant's first appearence before a magistrate

Posted on June 24, 2008
Yesterday in Rothgery v. Gillespie County the Supreme Court held that the right to counsel attaches at a defendant?s first appearance before a magistrate. The Court further held it does not matter whether a prosecutor is also present before the magistrate...

SCOTUS holds that states may require defendants with limited capacity to be represented by counsel

Posted on June 20, 2008
In Indiana v. Edwards, the Supreme Court decided an issue regarding self-representation. The case focused upon a criminal defendant whom a state court found mentally competent to stand trial if represented by counsel but not mentally competent to conduct the trial himself...

In Snavely v. Piedmont Medical

Posted on June 18, 2008
In Snavely v. Piedmont Medical Center, the Court of Appeals considered an action for breach of patient-physician confidentiality. At base, Snavely was accompanied to the Emergency Room by her sister-in-law. The sister-in-law also accompanied Snavely into the examination room...

S.C. Supreme Court imposes duty to conduct a reasonable investigation on attorneys bringing legal mal claims

Posted on June 17, 2008
In Ex parte: Gregory v. Malloy, the Supreme Court dealt with an attorney's duty to investigate a claim before filing suit and the propriety of sanctions under the Frivolous Civil Proceedings Sanctions Act. The case essentially concerned a dispute over settlement proceeds...

SCOTUS holds that Gitmo detainees have a right to habeas corpus

Posted on June 16, 2008
In Boumediene v. Bush, the Supreme Court gave the Bush Administration a black eye in its controversial war-on-terrorism policies. The Court held that the Guantanamo detainees have a right to pursue habeas corpus challenges to their detention. The alternative procedures to habeas review crafted by the government under the Detainee Treatment Act, the Court said, do not include adequate legal protections to be a substitute for the constitutional requirements of habeas corpus...

Ninth Circuit's chief judge posted porn on his personal website

Posted on June 11, 2008
Only in the 9th Circuit. Alex Kozinski, chief judge of the U.S. 9th Circuit Court of Appeals, posted porn on his personal website, which could be viewed by members of the public. Oops.The images included naked women on all fours painted to look like cows and a video of a dude arousing farm animals...

Request to serve coffee is not sexual harassment

Posted on June 11, 2008
It seems pretty out there that a plaintiff's attorney would actually bring a Title VII case around a receptionist serving coffee to supervisors. The plaintiff testified that she acquiesced once or twice, but that she found the request demeaning and embarrassing and believed that they "reinforced outdated gender stereotypes...

Walt Wilkins clears the Senate

Posted on June 05, 2008
Congrats to Walt Wilkins on his confirmation as the US Attorney for the District of South Carolina!WSPA has this story.Walt has prosecuted several notable cases, including a $20 million mortgage fraud and an international human trafficking and prostitution ring...

Capital defense lawyer's suit againt former Chief Judge Wilkins is resolved by Fourth Circuit

Posted on June 02, 2008
In 2006, a Virginia capital defense lawyer filed suit after the 4th U.S. Circuit Court of Appeals, with no explanation, cut in his bill from $38,000 to $10,000 for work on a death penalty appeal to the circuit, the Supreme Court and a clemency petition...

SCOTUS holds that counsel has full authority to consent to a magistrate judge supervising jury selection

Posted on May 29, 2008
In Gonzalez v. United States, SCOTUS dealt with the decisionmaking authority of counsel in jury selection. The question presented was whether it suffices for counsel alone to consent to the magistrate judge?s role in presiding over voir dire and jury selection or whether the defendant must give his or her own consent...

SCOTUS holds that section 1981 creates a private right of action for retaliation claims

Posted on May 28, 2008
Yesterday, the United States Supreme Court decided CBOCS West Inc. vs. Humphries which dealt with whether a 150 year old statutory provision encompasses a complaint of retaliation. At issue was 42 U.S.C.A. section 1981(a) which provides that "all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts ? as is enjoyed by white citizens...

Clemson trustees ask for qualified immunity

Posted on May 27, 2008
Summary judgment hearings have been scheduled in the Troutman suit for June. Troutman, who was assistant to Clemson's president, alleges he lost his job, in part, after he spoke out about "excessive" salary increases given to some university administrators...

Two new Court of Appeals Judges elected

Posted on May 23, 2008
Judge John D. Geathers and Judge James E. Lockemy have been elected by the General Assembly to serve on the Court of Appeals.

Walt Wilkins approved by Senate Judiciary Committee

Posted on May 22, 2008
Assistant U.S. Attorney Walt Wilkins was unanimously approved Thursday by the Senate Judiciary Committee. Walt will hopefully soon receive a vote by the full Senate and be confirmed as the United States Attorney for the District of South Carolina.

Fourth Circuit strikes down Virginia late-term abortion restriction

Posted on May 22, 2008
At base, the panel held that the law does not protect doctors who intend to perform legal, standard second-trimester abortions that accidentally become the type barred by the law. Doctors might, through fear of criminal liability, stop performing standard abortions...

Steven Agee confirmed to serve on the United States Court of Appeals for the Fourth Circuit

Posted on May 20, 2008
Here is a statement from the President.Agee was nominated by President Bush in March after being recommended as a candidate for the post by both of Virginia?s senators, Republican John Warner and Democrat Jim Webb. Warner and Webb made brief floor speeches in support of Agee before the Senate's vote...

SCOTUS approves Congress' efforts to criminalize offers or requests for child porn

Posted on May 20, 2008
Yesterday, the United States Supreme Court decided the case of United States v. Williams. This was a facial First Amendment challenge to the "PROTECT Act." This Act was a 2003 Congressional Statute aimed at child-pornography on the internet. The Act was passed in light of earlier Supreme Court holdings that limited child-pornography prohibition to material that could be proved to feature actual children rather than youthful-looking adult actors or virtual images of children generated by a computer...

Preserving error at trial: Counsel's reference to character evidence not enough for Court of Appeals

Posted on May 19, 2008
In State v. Caldwell, the Court of Appeals considered a conviction under the state's peeping tom statute. An issue of error preservation came up regarding character evidence. Caldwell argued that the trial court erred in allowing testimony that he preferred to look at younger boys into evidence as such testimony is improper character evidence under Rule 404, SCRE, as well as the case of State v...

California Supreme Court strikes down ban on same-sex marriage

Posted on May 15, 2008
A copy of the opinion, can be found here. This is a summary of a the court's holding: First, the exclusion of same-sex couples from the designation of marriage clearly is not necessary in order to afford full protection to all of the rights and benefits that currently are enjoyed by married opposite-sex couples; permitting same-sex couples access to designation of marriage will not deprive opposite-sex couples of any rights and not alter the legal framework of the institution of marriage, because same-sex couples who choose to marry will be subject to the same obligations and duties currently are imposed on married opposite-sex couples...

South Carolina to get another district judge?

Posted on May 15, 2008
That would be the case under the Federal Judgeship Act of 2008. The Bill is currently in the Senate Judiciary Committee. Lindsey Graham is a co-sponsor.

Light Blogging this week

Posted on May 15, 2008
I've been in the field interviewing witnesses. More appellate posts will be forthcoming!

SC Court of Appeals makes new law on Rule 59 and timeliness of an appeal

Posted on May 08, 2008
In Camp v. Camp, the South Carolina Court of Appeals offered another chapter in the book of practice under Rule 59(e). The case concerned a family court order requiring father to pay mother a certain amount of child's college expenses. After the order was entered, father filed the following motion for reconsideration:Please be advised that the defendant through his undersigned attorney will move before the Honorable David Sawyer to reconsider the ruling in his order dated July 26, 2006 and awarding [child] college expenses and costs...

Walt Wilkins nominated to be US Attorney for District of SC

Posted on May 08, 2008
Great choice by the President. Let's hope Walt is confirmed soon. No doubt he will serve with distinction.

SC Supreme Court reverses trial court decision excluding witnesses from Jack Sterling case

Posted on May 06, 2008
Yesterday, the State Supreme Court decided State v. Sterling. In this case, the State appealed from a Trial Court Order granting Sterling?s Motion to Exclude the Testimony of Four Witnesses. This case, of course, stems from the financial collapse of Carolina Investors and Home Gold Financial...

Charleston teen competent to stand trial in school bombing plot

Posted on May 05, 2008
WCBD has this story.

Fourth Circuit decides North Carolina campaign finance cases

Posted on May 02, 2008
Election Law Blog has the scoop on North Carolina Right to Life v. Leake.

Showdown over Fourth Circuit Nominees

Posted on May 02, 2008
From the Baltimore Sun:Storm clouds continue to gather in the Senate over federal judges. Republicans, eager to fill some key appeals court vacancies with conservatives before the end of President Bush's term are stepping up the pressure on Patrick Leahy, the chair of the Senate Judiciary Committee...

SC Supreme Court discusses timeliness of Rule 59 Motion

Posted on May 01, 2008
In USAA Property & Casualty Insurance Company v. Clegg, the Supreme Court of South Carolina dealt with a deadline to file a notice of appeal. In essence, the appellant alleged that the respondent?s notice of appeal was untimely because it was filed more than thirty days after written notice of the trial judge?s order...

SCOTUS decides Voter ID Case

Posted on April 30, 2008
This week, the United States Supreme Court decided whether a state can require a voter to present a photo ID before casting a ballot (Crawford v. Marion County). The law was challenged by the Democratic Party alleging that it substantially burden the right to vote...

South Carolina Court of Appeals reverses trial court order compelling disclosure of hospital peer review materials

Posted on April 25, 2008
In Wieters v. Bon-Secours, the State Court of Appeals considered an order compelling discovery in a defamation action. At base, a physician had his privileges suspended by the hospital, the hospital reported this action to the National Practitioner Databank, and the physician sued the hospital for defamation, alleging that the Databank report contained false information about him...

From the Judge-said-what files..........

Posted on April 25, 2008
Only South Carolina's Judge Ralph King Anderson, when deciding the scope of the discovery of peer review material, could have written this:"The cognoscenti of health care nomology trust and rely upon Peer Review Statutes as the quiddity and hypostasis of the hospital/physician relationship...

SCOTUS holds that state law does not affect the enforcement of the Fourth Amendment

Posted on April 24, 2008
Yesterday the Supreme Court in Virginia v. Moore considered whether a police officer violates the Fourth Amendment by making an arrest based on probable cause but prohibited by state law. The officers in the case stopped Moore because they heard over the police radio he was driving with a suspended license...

Could Fourth Circuit Nominees Steve Matthews and Robert Conrad be confirmed by Memorial Day?

Posted on April 23, 2008
Probably not. Under pressure from Minority Leader Mitch McConnell, Democratic leader Harry Reid has agreed to a plan to confirm three of President Bush's appellate court nominees by Memorial Day. The question is which ones? There is pressure to confirm Matthews and Conrad, but word is that the Dems plan to let these nominees hang out there...

Glen Everett Gibson murder trial begins in Greenville

Posted on April 22, 2008
The Greenville News has this story.

Breach of fiduciary duty issue not preserved for review in legal malpractice case

Posted on April 21, 2008
In Spence v. Wingate, the South Carolina Court of Appeals granted a grant of partial summary judgment in a legal malpractice claim. At base, the trial court had held that the law firm did not owe a fiduciary duty to the wife concerning her late husband?s life insurance policy...

SCOTUS rules in lethal injection case: executions will likely soon begin again in the US

Posted on April 17, 2008
Yesterday the Supreme Court decided Baze v. Rees, which dealt with whether the most common method of lethal injection constitutes cruel and unusual punishment because of the dangers of pain and discomfort to an inmate. The final decision was splintered...

Fourth Circuit decides major Confrontation Clause Case dealing with state rape shield laws

Posted on April 16, 2008
In Barbe v. McBribe, the Fourth Circuit Court of Appeals dealt with a confrontation clause issue. The issue presented to the court was whether the district court erred in holding that Barbe?s rights under the confrontation clause were not violated when the state trial judge mechanistically applied the state?s rape shield statute without evaluating whether the interests served by the statute justified the total limitation enclosed upon Barbe?s federal constitutional right to cross-exam an expert witness...

Light Blogging this week

Posted on April 06, 2008
I'll be in trial the week of April 7, 2008. Wish me luck!!!Check back next week for posting.

States file suit against EPA on global warming

Posted on April 03, 2008
From the AP:Officials of 18 states are taking the EPA back to court to try to force it to comply with a Supreme Court ruling that rebuked the Bush administration for inaction on global warming.In a petition prepared for filing Wednesday, the plaintiffs said last April's 5-4 ruling required the Environmental Protection Agency to decide whether to regulate greenhouse gas emissions, including carbon dioxide, from motor vehicles...

SC residents can still use driver's license in boarding aircraft

Posted on April 02, 2008
South Carolina residents will continue to be able to use their driver's licenses to get on airplanes and into federal buildings, the Department of Homeland Security said Monday as it granted the state an extension to comply with a new federal ID law.The AP has this report.

SC Supreme Court upholds Greenville Smoking Ban

Posted on March 31, 2008
On January 1, 2007, a Greenville County ordinance went into effect that banned smoking from a number of places, including restaurants and bars. A few bar and restaurant owners brought suit and a trial judge (The Hon. John Few) permanently enjoined the city from enforcing the ordinance...

SC Supreme Court holds that filing of an ODC complaint is not grounds to remove appointed PCR counsel

Posted on March 31, 2008
In Richardson v. State, the State Supreme Court dealt with the issue of a PCR judge refusing to relieve PCR counsel. The court addressed this matter because of the recurring problem of PCR applicants seeking repeatedly to have their appointed counsel relieved...

The week in review

Posted on March 31, 2008
Check out Blawg Review #153, for the best of blog posts from last week. Lot's of good stuff on the recent SCOTUS rulings. Declarations and Exclusions does a nice job hosting this one.

SCOTUS hears arguments on pro se representation by the mentally ill

Posted on March 27, 2008
When mentally ill defendants are found competent to stand trial, does that also mean they are competent enough to represent themselves in court?Tony Mauro, over at Law.com, has this discussion on standard of competence for self-representation. The case concerns a diagnosed as a schizophrenic who was denied his right to represent himself at a 2005 trial for a department store robbery and shooting.

SCOTUS decides Medellin, checks executive power, and limits the reach of the ICJ

Posted on March 26, 2008
Yesterday SCOTUS decided MEDELLIN v. TEXAS. This was one of the most important cases of the term with huge implications for American sovereignty. At stake was whether the International Court of Justice could command state and federal courts to alter PCR procedural default rules...

SCOTUS removes much discretion from trial judges in Batson hearings

Posted on March 24, 2008
On March 19, 2008, the Supreme Court decided Snyder v. Louisiana. In this case Snyder was convicted of first degree murder in Louisiana and sentenced to death. The case for before the Supreme Court dealt with a decision of the Louisiana Supreme Court to reject Snyder?s claim that the prosecution violated Batson v...

SC Supreme Court hears Home Gold Conflict of Interest Issue

Posted on March 20, 2008
At issue is the trial court's ruling that found a conflict of interest because Bill Bannister represented certain witnesses and John M. "Jack" Sterling in interviews with agents investigating the failures of Carolina Investors and HomeGold. The witnesses are now ready to roll on Sterling...

Smart money is on the right to bear arms being an individual right

Posted on March 19, 2008
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. "By all accounts, arguments went well yesterday in Heller. The Court seems primed to reject the assertion that the right to bear arms exists only in connection with state-regulated militias...

Good cause requirement for sex offender registration interpreted broadly

Posted on March 19, 2008
In State v. Hicks, Hicks was indicted for criminal sexual conduct with a minor (Victim). At trial, Hicks pled guilty to the lesser offense of assault and battery of a high and aggravated nature. (ABHAN). Although ABHAN, the crime to which Hicks pled guilty, is not included in the list of crimes for which sex offender registration is required under Section 23-3-430 of the South Carolina Code , Section D of the statute provides that:"[U]pon conviction, adjudication of delinquency, guilty plea, or plea of nolo contendere of a person of an offense not listed in this article, the presiding judge may order as a condition of sentencing that the person be included in the sex offender registry if good cause is shown by the solicitor...

SCOTUS to hear arguments in DC guns case today

Posted on March 18, 2008
ScrippsNews has this article.This is probably the most important case of the term. I'll post more on this topic later.

Notice and Hearsay

Posted on March 17, 2008
In Thomas v. Dootson, the central issue of the case was whether Dr. Dootson had notice that a surgical drill overheated prior to the injury to the patient. Testimony was offered that an assistant had told Dootson that the drill had malfunctioned on prior occasions...

South Carolina Supreme Court hints that SC might recognize tort for spoliation of evidence

Posted on March 12, 2008
In Austin v. Beaufort County, Austin sued the sheriff's department after the department destroyed evidence related to the drug overdose of Austin's son. Austine claimed she was entitled to damages because the destruction of evidence impaired her ability to bring a wrongful death action...

SC Supreme Court holds that plaintiff may bring negligent hiring and supervision claim even after the employer admits vicarious liability

Posted on March 11, 2008
In James v. Kelly Trucking Co., the Supreme Court considered whether a plaintiff in South Carolina is precluded, as a general matter, from maintaining a cause of action for negligent hiring, training, supervision, or entrustment after an employer stipulates that it is vicariously liable for its employee?s negligence...

Check out Blawg Review #150

Posted on March 10, 2008
For the best posts on law related matters from last week, please drop by Trust Advisor for the the hosting of Blawg Review # 150.

Fourth Circuit holds that to be convicted of aggravated indentity theft a defendant must assume the identity of a specific person

Posted on March 07, 2008
In UNITED STATES v. MITCHELL, Mitchell used a false driver?s license and counterfeit checks in the name of Marcus Jackson to buy merchandise and return it for cash refunds. He was convicted of aggravated identity theft. Mitchell argued that the district court erred when it held as a matter of law that the use of another person?s name by itself constitutes the use of a means of identification of another person (a specific individual) under § 1028A...

Scalia on the Living Constitution

Posted on March 06, 2008
Got to love Scalia. The man lays it on the line.Scalia compared the philosophical shift on the Constitution with the sales pitch of a stock broker who tells a wary investor that poor economic performance is merely a case of the markets resting before climbing again...

Fourth Circuit issues opinion on standing

Posted on March 04, 2008
In NEESE v. JOHANNS, tobacco producers challenged the Secretary of Agriculture?s implementation of the Fair and Equitable Tobacco Reform Act of 2004 ("FETRA"). The Act authorized the Secretary to offer buy out contracts to tobacco producers who had previously operated under a fixed quota system, which had been in place since the late 1930s...

Night out on the town for Ricky Raccoon

Posted on March 03, 2008
Only in South Carolina do have opinions like the one in Singleton v. Sherer. A mild mannered raccoon comes home after a night on the town and takes a hunk out a its owner and others. Lawyers are called and pleadings filed. This opinion could only be better if a possum had done the damage...

SCOTUS opinion could potentially create new flood of ERISA suits

Posted on February 27, 2008
Until the decision of the United States Supreme Court in LaRue v. DeWolff, Boberg & Associates, Inc., employee benefit plan participants who sued plan fiduciaries for investment losses in their retirement account faced significant legal hurdles to recovery...

S.C. Supreme Court clarifies Baggerly decision and admission of expert testimony

Posted on February 26, 2008
In Fields v. J. Haynes Waters Builders, the state supreme court revisited the admission of expert testimony. On of the issues at stake was whether the initial inspector of the Fields? home, was qualified to testify as an expert witness inasmuch as he failed to comply with South Carolina?s home inspection licensing requirements...

Guilty pleas keep wheels of justice turning

Posted on February 25, 2008
The Greenville News has an interesting article in today's paper about the number of guilty pleas in state court. I know that civil jury trials are becoming rarer, but this appears to be the case for the criminal trial too . Only 89 cases out of 6,800 total criminal defendants in 2007 made it to a jury.

SCOTUS rules on medical device preemption

Posted on February 21, 2008
The United States Supreme Court, in Riegel v. Medtronic, sided with the majority of the federal circuit courts today, holding that federal law regulating medical devices preempts common law tort actions that would impose different or additional requirements than those approved by the federal Food and Drug Administration (?FDA?)...

Curative instructions and mistrial motions

Posted on February 21, 2008
In State v. Ferguson, Ferguson was convicted of murder and possession of a firearm during the commission of a violent crime. During the second day of trial, in response to a question about Ferguson?s behavior at the time of the shooting, Ferguson's Girlfriend responded that Ferguson allegedly told her she ?was next...

SCOTUS to reconsider the exclusionary rule

Posted on February 20, 2008
The Supreme Court agreed Tuesday to reconsider the reach of the "exclusionary rule," a doctrine that has been controversial since the 1960s because it requires judges to throw out evidence if it was obtained improperly by the police.The precise question presented is: "Whether the Fourth Amendment requires evidence found during a search incident to an arrest to be suppressed when the arresting officer conducted the arrest and search in sole reliance upon facially credible but erroneous information negligently provided by another law enforcement agent...

SCOTUS declines to hear domestic spying case

Posted on February 19, 2008
From Reuters:The Supreme Court on Tuesday turned down a legal challenge to the warrantless domestic spying program President George W. Bush created after the September 11 attacks.The American Civil Liberties Union had asked the justices to hear the case after a lower court ruled the ACLU, other groups and individuals that sued the government had no legal right to do so because they could not prove they had been affected by the program.

Department of Justice meets with Fountain Inn Police

Posted on February 19, 2008
From the Greenville News:A U.S. Department of Justice representative who specializes in mediating racial and ethnic conflicts met behind closed doors Monday night with Fountain Inn officials and members of the community to address complaints about the city's police...

Light Blogging This Week

Posted on February 11, 2008
I'll be out in the field meeting with clients and interviewing witnesses for a 2255 case I am working on.Check back next week for more posts.

Memo to self: Don't help any of your criminal clients escape

Posted on February 11, 2008
From Law.com:An attorney charged with smuggling a 14-inch saw blade to a jailed client was sentenced to five years in prison Thursday, although nearly one year will be subtracted because the lawyer has been jailed since his arrest last February.Albany, Ga...

State House Judiciary Committee declines to organize a commission to study the "Orangeburg Massacre"

Posted on February 07, 2008
From the Greenville News:The Judiciary Committee Chairman, Rep. Jim Harrison, a Columbia Republican, told The Greenville News, "My personal feeling is we don't need to create something that is going to create more division."Harrison added, "Unless I heard from a broad range of people within the House that this is good for uniting us instead of dividing us, then I'm not inclined to be supportive...

Fourth Circuit holds that a knowing waiver to jury trial is not dependent upon a good attorney-client relationship

Posted on February 05, 2008
In United States v. Boynes, Boynes argued that he "could not have" knowingly, intelligently and voluntarily waived his right to a jury trial because his relationship with his attorney was "characterized by adversarial contentious interactions." The Fourth Circuit rejected this argument...

Bill proposes change in SC drinking age for solidiers

Posted on February 04, 2008
State Rep. Fletcher Smith, D-Greenville, is trying to jar loose from a House subcommittee a bill that would exempt military personnel ages 18 to 20 from the state's minimum age for purchasing and possessing alcoholic beverages of 21."It treats our military personnel like the adults and heroes we say they are," Smith said...

John McCain and Judicial Nominations

Posted on February 04, 2008
Stephen Calabresi and John McGinnis have this op-ed in the WSJ. Here is a snippet:We believe that the nomination of John McCain is the best option to preserve the ongoing restoration of constitutional government. He is by far the most electable Republican candidate remaining in the race, and based on his record is as likely to appoint judges committed to constitutionalism as Mitt Romney, a candidate for whom we also have great respect...

Judge John Kittredge vows restraint as justice

Posted on February 01, 2008
From the Greenville News:Kittredge said today that he "was grateful to God for the opportunity" and that he would ensure that he would honor what called the necessary judicial restraint required of a Supreme Court justice. "The two finest qualities in a judge are humility and restraint," he said...

Making partner at the big firm

Posted on January 31, 2008
The Snark has some great humor here. As usual, he is on the money.

Kittredge to Supreme Court and Konduros to Court of Appeals

Posted on January 31, 2008
Judge John W. Kittredge is now running unopposed for the state Supreme Court and Judge Aphrodite K. Konduros is running unopposed for the state Court of Appeals.

Fourth Circuit holds that FLSA's "consent in writing" requirement does not apply in arbitration proceeding

Posted on January 30, 2008
In LONG JOHN SILVER?S v. COLE, the Fourth Circuit considered whether an employee can be made a party to an FLSA-related civil proceeding without his consent. At base, FLSA § 16(b) contains a consent in writing provision requiring that the employee submit a written statement that he desires to be part of the class...

Supreme Court reduces attorney fee award in TERI cases

Posted on January 29, 2008
In Lyman v. State, the Supreme Court considered the trial court's award of $8 million in attorney fees to lawyers who garnered an order holding that an act of the General Assembly requiring certain state retirement plan participants to continue to pay into the state retirement system breached a legislatively-created contract as to the class of TERI participants and requiring the return of contributions made by all TERI participants...

Beware of Waiver on Appeal, Even if You Represent the Party That Won Below

Posted on January 28, 2008
Howard Bashman offers sound advice on waiver issues for parties prevailing at the trial court level.

E. Duncan Getchell Jr. asks that his nomination be withdrawn

Posted on January 27, 2008
Getchell has asked that he not be considered for a seat on the Fourth Circuit. He was to fill one of the Virginia seats, but his nomination was going nowhere because of Virginia's two senators. It will be interesting to see what Bush does now.The Washington Post has this article.

South Carolina Supreme Court rejects medical battery cause of action

Posted on January 18, 2008
In Linog v. Yampolsky, the South Carolina Supreme Court declined to recognize the tort of medical battery. According to the court:In light of the availability of a medical malpractice claim or a civil battery claim to any patient that is injured by a physician, we believe medical battery would constitute an unnecessary and superfluous cause of action...

Expert opinion issues arise in Court's affirming conviction of Earle Morris

Posted on January 15, 2008
In State v. Morris, the Supreme Court affirmed the conviction of Earle Morris in the Carolina Investors/HomeGold debacle. On of the more interesting and far reaching aspects of the opinion deals with expert testimony. At trial, the State offered Gregory B...

Monday Humor

Posted on January 14, 2008
New Year's Resolutions for lawyers. Here is a taste:SPEND MORE TIME WITH LOVED ONESHere's where your lawyering skills come into play because this could seriously eat into your billable hours. After all, what exactly constitutes "more time," and who falls into the "loved ones" category? Where are the code definitions for these terms, anyway? Is there any applicable legislative history? Or has this stuff even made it out of the public notice and comment period yet?Sure, you could resolve to come into work late Wednesday mornings and take the kids to school, but why get your children accustomed to such luxuries? You know you can't sustain such a regular schedule of child involvement...

Bush could fill court vacancies

Posted on January 11, 2008
Here is an interesting op-ed by Carl Tobias on the Fourth Circuit and Dubya's failure to nominate folks to fill vacant slots:If Bush hopes to fill the Luttig vacancy in 2008 when the presidential election slows judicial confirmations, he should work with Virginia's senators to find a consensus nominee...

Fourth Circuit holds that district court must give pro se petitioner notice of recharacterization of pleading as 2255 petition

Posted on January 10, 2008
In United States v. Blackstock, the Fourth circuit overruled its opinion in United States v.Emmanuel, 288 F.3d 644 (4th Cir. 2002), which held that a district court may not recharacterize a prisoner?s filing as a § 2255 petition without notifying the prisoner of its intent to recharacterize the motion, warning the prisoner of the effects of recharacterization, and giving the prisoner an opportunity to withdraw or amend his motion...

SCOTUS hears voter ID case

Posted on January 09, 2008
From Voice of America:The U.S. Supreme Court is hearing arguments Wednesday to determine whether states can require citizens to show government-issued photo identification when they go to vote.The case comes from the midwestern state of Indiana, which passed a strict identification law in 2005...

Banishment an issue in Georgia

Posted on January 08, 2008
In 2008 we don't hear to much about folks being banished for certain crimes. Well, in Georgia the appellate courts are dealing with this issue. Gregory Mac Terry, who has spent the past 12 years in prison after pleading guilty on allegations that he had threatened his estranged wife, had an opportunity for parole in 2001, but he was returned to prison because his banishment from all but one of Georgia's 159 counties meant he couldn't complete a work release program that was not available in Toombs County...

SCOTUS unlikely to overturn 3-drug cocktail for executions

Posted on January 07, 2008
From the LA Times:The Supreme Court gave a skeptical hearing today to lawyers who are challenging the use of lethal injections to carry out executions in the United States.Death penalty foes had hoped the high court was about to rein in the most commonly used method of execution, but there were few signs of that during today's oral argument...

Hon. Edwin Messe to speak to Greenville Federalist Society on January 14

Posted on January 07, 2008
One third of the active seats on the U.S. Court of Appeals for the Fourth Circuit are vacant. These vacancies threaten the prompt administration of justice, long held to be a hallmark of the Fourth Circuit. To discuss the Fourth Circuit vacancies and broader issues related to the federal judicial confirmation process, the Greenville Lawyers Chapter of the Federalist Society has invited Edwin Meese III...

SCOTUS returns to the bench today

Posted on January 07, 2008
From Law.com:From the moment it returns to the bench today, the Supreme Court will be embarking on a schedule that almost guarantees it will make controversial headlines in the midst of the 2008 presidential campaign. At times in its history, the high court has deliberately stepped back from the limelight in presidential election years...

SC Supreme Court to Hear Greenville Smoking Ban

Posted on January 03, 2008
From the Greenville News:Greenville's attempt to ban smoking in public places will be back on the front burner when it takes its case to the state Supreme Court on Jan. 9, according to City Manager Jim Bourey.The city's attorney will present an oral argument at 10:30 a...

What is a mandate from an appellate court??

Posted on January 02, 2008
In DOE v. CHAO, the Fourth Circuit does a nice job of describing this all important appellate concept. In this Black Lung case, the district court the district court awarded claimant attorney fees for work performed on a contempt motion. However, earlier the district court had denied these fees and Doe did not appeal that ruling...

Prejudgment interest in South Carolina

Posted on December 28, 2007
In Dixie Bell, Inc. v. Redd, a breach of contract action arose when the parties failed to reach an agreement on the purchase price of Dixie Belle?s interest in another company. The case was tried to a jury and the jury returned a $100,000 verdict for Dixie Belle...

SC Supreme Court issues personal jurisdiction opinion

Posted on December 27, 2007
In Coggeshall v. Reproductive Fertility Clinics, the plaintiff underwent in vitro fertilization in a North Carolina clinic and then brought suit when the baby was born with Downs Syndrome. The trial court dismissed because of lack of personal jurisdiction and the Supreme Court affirmed...

Thirteenth juror doctrine may not be used to grant a new trial on damages

Posted on December 26, 2007
In Coward v. Roberson, after a verdict for the plaintiff and an award of damages, the circuit judge granted a new trial on damages alone based on the thirteenth juror doctrine. The Court of Appeals reversed, holding that "the grant of a new trial based on the thirteenth juror doctrine grants a new trial in toto" and that the "thirteenth juror doctrine is not the proper vehicle for ordering a new trial on a singular issue such as damages...

Truth as an affirmative defense

Posted on December 20, 2007
In Parrish v. Allison, the Court of Appeals reminds the bar that in a slander case truth must be pled and as an affirmative defense. It is not enough to argue truth, it must be pled in the answer.

Congress proposes to overhaul judicial pay and retirement

Posted on December 17, 2007
Here's the scoop on the proposed revisions.Congress may be offering federal judges a major pay raise for the first time in 16 years, but lawmakers are also embracing a plan to deter senior judges from taking high-paying jobs in the private sector.The House Judiciary Committee approved a bill last week that will bump up salaries of all federal judges by a whopping 31 percent...

Sentencing Commission makes crack cocaine amendment retroactive

Posted on December 13, 2007
From the Commission's press release:The United States Sentencing Commission unanimously voted today to give retroactive effect to a recent amendment to the Federal Sentencing Guidelines that reduces penalties for crack cocaine offenses. Retroactivity of the crack cocaine amendment will become effective on March 3, 2008...

SCOTUS gives district judges more discretion in sentencing

Posted on December 11, 2007
Linda Greenhouse has this report. Here is taste: Judges still may not impose sentences above the range written into law by Congress or state legislatures. But the decision on Monday gives judges broad discretion to impose sentences higher or lower than the guidelines, which are not statutes and are issued by the United States Sentencing Commission.

SC Supreme Court finds no due process violation where man incarcerated with peitioner served on the jury

Posted on December 11, 2007
In Smith v. State, the SC supreme court upheld a decision of the PCR court denying petitioner post conviction relief. Juror Walling, who had been incarcerated with petitioner and who petitioner allegedly had a fight with, was seated on the jury. Only later after trial did Petitioner realize who Walling was...

Book Review of My Grandfather's Son

Posted on December 10, 2007
Jeffrey Rosen has this review of Justice Thomas' new book.

Magna Carta for Sale

Posted on December 07, 2007
It would be pretty cool to own a copy of Magna Carta. Problem is that I'm a little short of the $20-30 million price tag.

SC Ct. of Appeals holds trial court did not error in permitting spectators to wear buttons bearing the victim's photo

Posted on December 05, 2007
In State v. Paige, Paige was convicted of manslaughter and requested a new trial because the trial judge denied his request to order the victim's family and friends to remove buttons with the victim's photograph on them. The Court of appeals applied an ?actual or inherent prejudicial effect on the jury? test...

SCOTUS to hear another Gitmo case

Posted on December 03, 2007
The New York Times has the latest on court's upcoming argument in Boumediene v. Bush, No. 06-1195.

North Street favored site of new federal courthouse in Greenville

Posted on November 30, 2007
From the Greenville News:The city of Greenville and lawyers from several downtown firms told federal officials Thursday that they prefer that the new federal courthouse be built across from the county courthouse on North Street.Several people who spoke at a public hearing on the site selection for the new $137 million building voiced opposition to a proposed site on Falls Street opposite the Liberty Bridge, saying that area would be better developed with shops and restaurants to take advantage of downtown foot traffic.

Feds have three locations in mind for Greenville courthouse

Posted on November 29, 2007
The Greenville News has the scoop here.