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Author Archives: wg323
September 12, 2014 4th Circuit published opinion
Danser v Stansberry Danser was severely beaten by a fellow inmate while in an enclosed recreation area. He sued Stansberry and other members of the facility staff seeking damages under Bivens. The district court denied Stansberry’s motion for judgment on … Continue reading
September 10, 2014 South Carolina Court of Appeals published opinions
56 Leinbach Investors, LLC v Magnolia Paradigm, Inc. 56 leased property to magnolia for use as a parking lot. 56 later leased part of the same property for the erection of cell tower. Magnolia reduced the rent it paid by … Continue reading
September 10, 2014 South Carolina Supreme Court published opinion
State v Adams Police attached a GPS device on Adams car. He was pulled over for traffic violations at the request of the officers who attached the device and drugs were found on Adam’s person. He moved to suppress which … Continue reading
Posted in Uncategorized
Tagged good faith exception, intervening cause, motion to supress
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September 3, 2014 South Carolina Court of Appeals published opinion
State Department of Social Services v Massey The family court denied Massey’s request for a merits hearing on abuse allegations on the ground that the children had been in foster care more than eighteen months and terminated her parental rights. … Continue reading
Posted in Uncategorized
Tagged due process, jurisdiction, termination of parental rights
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September 3, 2014 South Carolina Supreme Court
In the Matter of Mark Andrew Peper Peper improperly administered an estate including failing to keep financial records and failed to properly prosecute a civil claim resulting in the statute of limitations running on the claim. He agreed to discipline … Continue reading
August 27, 2014 South Carolina Court of Appeals published opinions
Bagwell v State Bagwell moved for post conviction relief arguing ineffective assistance of counsel. The circuit court denied his motion. The panel, 2-1, reversed. The majority held that trial counsel was ineffective when she failed to have blood samples form … Continue reading
August 27, 2014 South Carolina Supreme Court published opinion
Whigham v Jackson Dawson Communications Whigham suffered a leg injury at a kickball event he organized for Jackson. He filed a workers compensation claim which was rejected on the ground that Whigham was not in the course of employment when … Continue reading
August 22, 2014 4th Circuit published opinion
United States v McLaurin and United States v Lowery McLaurin and Lowery were convicted of conspiracy and firearms charges arising from an agreement to rob a drug stash house. They appealed arguing they were entrapped. The panel, with one partial … Continue reading
Posted in Uncategorized
Tagged criminal sentencing, entrapment, joinder of charges, other bad acts evidence
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August 20, 2014 South Carolina Court of Appeals published opinions
State v Pope Pope move to suppress a scale and some crack cocaine found during a warrantless search of a vehicle and objected to the introduction of these items based on chain of custody. The circuit court denied the motion … Continue reading
August 20, 2014 South Carolina Supreme Court opinions
Stevens & Wilkinson of South Carolina Inc. v City of Columbia I Stevens provided architectural services to City on a hotel project. Stevens sent a letter offering to continue to provide services after the initial period and City authorized payment … Continue reading
Posted in Uncategorized
Tagged attorney fee award, auto liability insurance, contract formation, corporate promoters, motion to compel arbitration, review of unpreserved error, South Carolina freedom of information act, unfairly prejudicial evidence, unjust enrichment, void as against public policy
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