Monthly Archives: October 2013

October 31, 2013 4th Circuit published opinion

United States v Hemingway The district court ruled that South Carolina’s assault and battery of a high and aggravated nature (ABHAN) is categorically a violent felony for purposes of the Armed Career Criminal Act and sentenced Hemmingway to 15 years … Continue reading

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Happy Halloween!

Nancy Betancourt, Technical Services Acquisition Assistant, is already in the spirit and dressed for Halloween as Raggedy Ann.  Stop by the law library for your fill of candy corn and candy corn pumpkins!  We have plenty in the first floor … Continue reading

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October 30, 2013 4th Circuit published opinions

Gaines Motor Lines, Inc. v Klaussner Furniture Industries, Inc. Gaines and other motor carriers sued Klaussner for shipping fees not paid by the logistics company Klaussner used to arrange for shipping its commercial goods. The district court granted summary judgment … Continue reading

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October 30, 2013 South Carolina Court of Appeals published opinions

State v Hilton Hilton moved to exclude his blood alcohol test arguing amendments to the breath test statute applied retroactively. The circuit court agreed and exclude the test results. The panel reversed and remanded. It held that the General Assembly … Continue reading

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October 30, 2013 South Carolina Supreme Court published opinion

State v Smith Smith was indicted for homicide by child abuse and the trial court also charged on aiding and abetting which was not a charge in the indictment. The jury convicted smith of aiding and abetting. The South Carolina … Continue reading

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October 29, 2013 4th Circuit published opinions

Othi v Holder Othi was a legal permanent resident who left the country for a brief visit to India. He was detained at the airport and the government sought his removal based on drug and murder convictions. Othi argued he … Continue reading

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October 28, 2013 4th Circuit published opinion

Carroll v Logan Carroll and his wife filed for Chapter 13 bankruptcy and had their plan approved. Before the case was closed, Carroll inherited from his mother and the bankruptcy court ordered the inheritance included in the Chapter 13 estate. … Continue reading

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