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Fourth Circuit: South Carolina Marijuana Law Not a Categorical Match to Federal Law for ACCA Sentencing
Article • July 15, 2022 • from CLN August, 2022
Filed under: War on Drugs, Offense Statutory Maximum, Marijuana Laws/Issues
Fourth Circuit: South Carolina Marijuana Law Not a Categorical Match to Federal Law for ACCA Sentencing by David Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit held that a defendant’s convictions under South Carolina law for possession of marijuana with intent to distribute in …
News in Brief
Article • June 15, 2022 • from CLN July, 2022
Filed under: News in Brief
News in Brief by News in Brief Britain: A court hearing at London’s highest legal body is scheduled for late June 2022, The Guardian reported. It will concern a lawsuit brought against the City of London police for allegedly wrongfully tasering a Black man on April 7, 2018. Case was …
USA v. South Carolina Dept of Juvenile Justice, SC, Complaint, Jail Conditions, 2022
Brief • April 14, 2022
Filed under: Jail Specific
USA v. South Carolina Dept of Juvenile Justice, SC, Complaint, Jail Conditions, 2022 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION UNITED STATES OF AMERICA, Plaintiff, v. Civil Action No. _______________ SOUTH CAROLINA DEPARTMENT OF JUVENILE JUSTICE Defendant. COMPLAINT The United States of America (the “United …
Investigation of South Carolina Dept of Juvenile Justice's Broad River Road Complex, DOJ CRD, 2022
Publication • April 14, 2022
Filed under: Jail Specific
Investigation of South Carolina Dept of Juvenile Justice's Broad River Road Complex, DOJ CRD, 2022 INVESTIGATION OF SOUTH CAROLINA DEPARTMENT OF JUVENILE JUSTICE’S BROAD RIVER ROAD COMPLEX United States Department of Justice Civil Rights Division United States Attorney’s Office District of South Carolina April 14, 2022 TABLE OF CONTENTS I. …
USA v. South Carolina Dept of Juvenile Justice, SC, Settlement Agreement, Jail Conditions, 2022
Brief • April 13, 2022
Filed under: Jail Specific
USA v. South Carolina Dept of Juvenile Justice, SC, Settlement Agreement, Jail Conditions, 2022 AGREEMENT BETWEEN THE UNITED STATES AND THE SOUTH CAROLINA DEPARTMENT OF JUVENILE JUSTICE i. INTRODUCTION 1. This matter involves security, safety, and the use of isolation at the South Carolina Department of Juvenile Justice’s (“DJJ”) Broad …
News in Brief
Article • March 15, 2022 • from CLN April, 2022
Filed under: News in Brief
News in Brief by Alabama: Techdirt reports that police in Brookside have routinely violated the law in traffic enforcement. By early February 2022, it was clear that the local police department in the small town had been racking up staggering amounts of income in traffic fines, receiving more than $600,000 …
News in Brief
Article • January 15, 2022 • from CLN February, 2022
Filed under: News in Brief
News in Brief by Arizona: The family of a homeless and mentally ill man who died after being restrained by Phoenix cops in 2017 will get $5 million from the city, after a 7-2 city council vote in favor of the payment on November 17, 2021, according to a report …
White South Carolina Cop Fired & Arrested for Stomping Head of Black Suspect
Article • August 20, 2021
Filed under: Excessive Force (Police), Racial Profiling
White South Carolina Cop Fired & Arrested for Stomping Head of Black Suspect by As of August 7, 2021, a White South Carolina police officer was out of a job and under arrest for stomping the head of a disabled Black crime suspect. On July 26, 2021, it happened in …
News in Brief
Article • August 15, 2021 • from CLN September, 2021
Filed under: News in Brief
News in Brief by California: Five Southern California cops were placed on leave in June 2021 after a video surfaced showing them attacking suspects, according to reports by the Washington Post. On June 10, 2021, four Glendale police officers went on paid leave while an investigation was opened into their response to …
South Carolina Supreme Court: Lifetime SORA Registration Requirement Unconstitutional Absent Opportunity for Judicial Review of Risk of Re-offending
Article • August 15, 2021 • from CLN September, 2021
Filed under: Sex Offender Registration, Rehabilitation/Recidivism, Sex Offender Registration and Notification Act, Constitutional Challenges/Law
South Carolina Supreme Court: Lifetime SORA Registration Requirement Unconstitutional Absent Opportunity for Judicial Review of Risk of Re-offending by Anthony Accurso by Anthony W. Accurso In an opinion filed June 9, 2021, the Supreme Court of South Carolina upheld a lower court ruling allowing a lower-risk sex offender to be …
Atavistic South Carolinians Offer Option of Firing Squad to Condemned Prisoners
Article • August 15, 2021 • from CLN September, 2021
Filed under: Death Penalty
Atavistic South Carolinians Offer Option of Firing Squad to Condemned Prisoners by Douglas Ankney by Douglas Ankney Brad Sigmon, 63, was scheduled to be killed on June 18, 2021, at the hands of the people of South Carolina in their perverse and bizarre notion of justice. But on June 16, …
Fourth Circuit Announces First Step Act Determinations Subject to Procedural and Reasonableness Requirements
Article • July 15, 2021 • from CLN August, 2021
Fourth Circuit Announces First Step Act Determinations Subject to Procedural and Reasonableness Requirements by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit ruled that district courts must, upon motion seeking relief under § 404 of the First Step Act of 2018 (“FSA”), impose new …
News in Brief
Article • May 15, 2021 • from CLN June, 2021
Filed under: News in Brief
News in Brief by California: On March 12, 2021, federal prosecutors in California unsealed indictments against a pair of policemen accused of pocketing cash and drugs confiscated from suspects they pulled over in traffic stops. According to a report by Law & Crime, former Rohnert Park Police Department officers Brendon …
Law Degree for South Carolina Magistrates Optional
Article • March 15, 2021 • from CLN April, 2021
Filed under: Judicial Disqualification/Misconduct
Law Degree for South Carolina Magistrates Optional by Michael Fortino, Ph.D by Michael Fortino, Ph.D. In South Carolina, if your career plan is to become a licensed barber, you will need to satisfy about 1,500 hours of coursework. However, in this same state, if you aspire to be a state …
News in Brief
Article • December 15, 2020 • from CLN January, 2021
Filed under: News in Brief
News in Brief by Alaska: A plan to shift the response to mental health crises away from police and into the hands of mental health professionals made strides in November 2020. The Assembly approved money to launch a mobile crisis intervention team. In Anchorage, it would operate at the fire …
South Carolina Supreme Court: Failure to Give Logan Instruction Not Harmless Error Where Evidence Almost Entirely Circumstantial
Article • September 15, 2020 • from CLN October, 2020
Filed under: Grounds for Relief, Failure to Instruct on Materiality as an Element of Crime
South Carolina Supreme Court: Failure to Give Logan Instruction Not Harmless Error Where Evidence Almost Entirely Circumstantial by Douglas Ankney by Douglas Ankney The Supreme Court of South Carolina held that a trial court’s failure to charge the jury with the circumstantial evidence instruction from State v. Logan, 747 S.E.2d …
South Carolina Supreme Court Overturns Murder Conviction Where State Presented Improper Testimony Regarding Trace DNA Evidence
Article • July 15, 2020 • from CLN August, 2020
Filed under: junk science, DNA Evidence/Testing
South Carolina Supreme Court Overturns Murder Conviction Where State Presented Improper Testimony Regarding Trace DNA Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of South Carolina reversed Billy Phillips’ murder conviction because the State presented improper testimony regarding DNA evidence and provided information to the jury that was …
South Carolina Supreme Court: State Cannot Appeal Guilty Plea
Article • July 15, 2020 • from CLN August, 2020
Filed under: Appeals/Appellate Jurisdiction, Acceptance/Rejection by the Court
South Carolina Supreme Court: State Cannot Appeal Guilty Plea by David Reutter by David M. Reutter The Supreme Court of South Carolina dismissed the State’s appeal of a guilty plea and affirmed denial of motions to reconsider the sentence for recusal of the trial court. The Court’s order came in …
South Carolina Supreme Court Rejects U.S. Supreme Court’s Shifting of Burden to Defendant to Prove Absence of Exigent Circumstances in DUI Cases
Article • June 15, 2020 • from CLN July, 2020
Filed under: Exigent Circumstances, Warrantless Searches, Burden of Proof
South Carolina Supreme Court Rejects U.S. Supreme Court’s Shifting of Burden to Defendant to Prove Absence of Exigent Circumstances in DUI Cases by Douglas Ankney by Douglas Ankney The Supreme Court of South Carolina rejected the U.S. Supreme Court’s ruling in Mitchell v. Wisconsin, 139 S. Ct. 2525 (2019), to …
Fourth Circuit: Standalone Rehaif Error Requires Automatic Vacatur of Guilty Plea
Article • June 15, 2020 • from CLN July, 2020
Filed under: Notice - Adequacy of, Effect of Vacatur
Fourth Circuit: Standalone Rehaif Error Requires Automatic Vacatur of Guilty Plea by David Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit held that the district court’s failure to give a defendant notice that he belonged to a class of persons prohibited from possessing a …
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