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Article • May 15, 2025 • from CLN June, 2025
Filed under: Defenses, Jury Instructions
South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis by Richard Resch The Supreme Court of South Carolina held that the defendant was entitled to a self-defense jury instruction where he presented some …
Article • May 15, 2025 • from CLN June, 2025
Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence by David Reutter The United States Court of Appeals for the Fourth Circuit held that the U.S. District Court for the District of South Carolina committed procedural error …
Article • March 15, 2025 • from CLN April, 2025
Filed under: Method of Execution
Convicted Double Murderer Executed by Firing Squad in South Carolina by David Kim by David Kim Brad Sigmon, a 67-year-old convicted double murderer, became the first prisoner in the United States to be executed by firing squad in 15 years on Friday, March 7, 2025. Sigmon, who was sentenced to …
Article • December 1, 2024 • from CLN December, 2024
Parole Rate Plummets in South Carolina by Matthew Clarke by Matt Clarke Between 2018 and 2024, the parole rate in South Carolina dropped from around 40% to just 5%, an 80% decline. South Carolina is not alone in experiencing dramatic reductions in the rate at which prisoners are released from …
Article • September 1, 2024 • from CLN September, 2024
Filed under: News in Brief
News in Brief by Arizona: On June 29, 2024, the Tempe police department posted a Facebook message regarding an award that two of its officers had just received. “Congratulations to Officer Zachary Hyde and Officer Gavin Young. Last night both received the Hero Award at the 35th annual Mothers Against …
Article • July 15, 2024 • from CLN July, 2024
South Carolina Supreme Court: Confession Involuntary Where Police Provide Miranda Warnings Then Tell Defendant Statements Are Confidential by Sam Rutherford by Sam Rutherford   The Supreme Court of South Carolina held that a defendant’s confession was involuntary in violation of due process where the interrogating officer provided Miranda warnings but …
Brief • February 6, 2024
Estate of Davon Gillians v. USA, FL, Settlement, Wrongful Death, 2024 IN THE COURT OF COMMON PLEAS IN THE NINTH JUDICIAL CIRCUIT COUNTY OF CHARLESTON CASE NO.: 2024-CP-10-0284 Robert Conyers, Jr., as Personal Representative of the Estate of Davon Gillians, Plaintiff, ORDER APPROVING SETTLEMENT vs. United States of America, Defendant. …
Article • December 15, 2023 • from CLN December, 2023
Natural Language Processing Software Can Identify Biased Jury Selection, Has Potential to Be Used in Real Time During Voir Dire by Jo Ellen Nott by Jo Ellen Nott The Journal of Empirical Legal Studies published a ground-breaking study out of Cornell University that proves prosecutors question Black venire persons in …
Article • December 15, 2023 • from CLN December, 2023
Fourth Circuit Reverses § 924(c) Conviction Because Kidnapping No Longer Qualifies as Predicate Offense and ‘Critical Record Documents’ Do Not Show Firearm Charge Was ‘Expressly Predicated Upon’ Any Other Offense by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit reversed Elliott B. Graham’s 18 …
Brief • November 6, 2023
Estate of Alan R. Thibodeau v. Southern Health Partners, SC, Complaint, Wrongful Death-Medical Malpractice, 2023 COUNTY OF BAMBERG ) ) ) EDWIN THIBODEAU, As Personal Representative of the ESTATE OF ALAN RONALD THIBODEAU, IN THE COURT OF COMMON PLEAS CIVIL ACTION 2023-NI-05-__________ ) ) ) ) ) ) ) ) …
Article • October 1, 2023 • from CLN October, 2023
Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’ by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit reversed a District Court’s dismissal of Larone F. Elijah’s …
Article • September 1, 2023 • from CLN September, 2023
Filed under: News in Brief
News in Brief by California: Reported by KHSL in Chico/Redding, Nicholas Lee Rush, 49, a Chico Police Officer, has been charged with providing marijuana to an underage family member, 17, and also encouraging the teen to share the stash with his girlfriend. In 2022, an investigation into whether Rush was …
Article • August 1, 2023 • from CLN August, 2023
Filed under: News in Brief
News in Brief by California: The District Attorney for Los Angeles County, George Gascón, announced that a police officer in San Fernando was charged with theft. CBS News reported that the officer, Jeffrey King, 37, was handed charges on June 6, 2023, of misdemeanor petty theft, felony extortion, and felony …
Article • June 15, 2023 • from CLN July, 2023
Filed under: News in Brief
News in Brief by California: A former police officer with the LAPD, Paul Razo, 46, was arrested in early May 2023, accused of sexually assaulting at least four minor boys over the course of more than a decade. Weeks after his arrest, Razo died of medical complications while in custody. …
Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that the holding of Rehaif v. United States, 139 S. Ct. 2191 (2019), applies retroactively …
Article • May 15, 2023 • from CLN June, 2023
Filed under: News in Brief
News in Brief by Arkansas: The DOJ announced on Jan. 24, 2023, that two former police officers in Crawford County were charged with excessive use of force after beating a man at a gas station. The New York Times reported that the two former officers, Zackary King and Levi White, …
Article • May 15, 2023 • from CLN June, 2023
Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief by Dale Chappell by Dale Chappell Refusing to uphold an unconstitutional death sentence, the U.S. Court of Appeals for the Fourth Circuit held on March 22, 2023, that the State’s forfeiture of a procedural defense in …
Brief • March 8, 2023
Filed under: Failure to Treat
Rhoads v. Southern Health Partners, SC, Deposition of Thomas D. Fowlkes, MD, Medical Neglect, 2023 Page 1 3/8/2023 Thomas D. Fowlkes, MD Rhoads v. Southern Health Partners, Inc., et al. 1 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS 2 COUNTY OF AIKEN ) C/A #: 2020-CP-02-02238 …
Article • October 15, 2022 • from CLN November, 2022
Fourth Circuit: Convictions Identified in PSR but Not Relied Upon as Predicates for ACCA Enhancement at Sentencing Cannot Be Substituted for Subsequently Disqualified Original Predicate Convictions on Collateral Review by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that an enhanced sentence under …
Article • July 15, 2022 • from CLN August, 2022
Filed under: News in Brief
News in Brief by California: The Daily News reported that two former police officers from Fullerton and Anaheim were indicted on counts of kidnapping while working illegally as bounty hunters. The former officers were Rodger Corbett, 49, formerly of the Fullerton PD and Kevin Pedersen, 34, formerly of the Anaheim …
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