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Tag Archives: harmless error
August 6, 2014 South Carolina Court of Appeals published opinions
Fowler v Nationwide Mutual Fire Insurance Company Nationwide appealed the verdict against it arguing the trial court erroneously allowed expert testimony through a lay witness. The panel reversed and remanded for a new trial. It held that once the trail … Continue reading
Posted in Uncategorized
Tagged expert testimony, guilty but mentally ill, harmless error, jury instructions, Miranda
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July 30, 2014 South Carolina Court of Appeals published opinions
State v Pearson Pearson moved for a directed verdict on the burglary and other charges he faced at his trial. The circuit court denied his motion and the jury convicted him on all counts. The panel reversed. It held that … Continue reading
May 28, 2014 South Carolina Supreme Court published opinion
In the Matter of Bruce Robert Hoffman Hoffman improperly treated unearned fees as an earned retainer, failed to maintain records for his trust account and mingled trust funds with his operating funds. He consented to discipline up to a public … Continue reading
May 21, 2014 4th Circuit published opinions
United States v McFadden McFadden was convicted under the federal “designer drugs” statute, 21 USC 813, for creating and distributing “bath salts.” The panel affirmed. It rejected his constitutional challenge holding that “substantial similarity” in the statute required a core … Continue reading
May 15, 2014 4th Circuit published opinion
United States v Garcia Over Garcia’s objections, the district court allowed an FBI agent to testify as an expert on the meaning of coded phrases in conversations between Garcia and accused codefendants. Garcia was convicted of conspiracy and drug trafficking. … Continue reading
Posted in Uncategorized
Tagged expert testimony, harmless error, sexually dangerous persons, summons
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April 24, 2014 4th Circuit published opinion
United States v Gomez-Jimenez and Juarez-Gomez Gomez pled guilty to drug charges and Juarez was convicted of drug charges. Gomez challenged his sentence and Juarez challenged two convictions and his sentence. The panel, with one judge dissenting in part, affirmed. … Continue reading
Posted in Uncategorized
Tagged criminal sentencing, harmless error, sufficency of the evidence
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April 9, 2014 South CArolina Court of Appeals published opinion
State v Portillo Portillo was convicted of sexual abuse of his niece. He challenged the trial court qualification of an expert on forensic interviewing. The panel affirmed. It held the trial court did error in qualifying the expert as the … Continue reading
March 19, 2014 South CArolina Court of Appeals published opinions
Beckman v Sysco Columbia, LLC Beckman injured his back and Sysco accepted his claim for workers compensation. The appellate panel awarded scheduled permanent disability benefits under South Carolina Code 42-9-30 ruling the only injury sustained was to Beckman’s back. The … Continue reading
February 26, 2014 South Carolina Supreme Court published opinions
Robinson v State Robinson moved to suppress evidence seized forma car in which he was a passenger. The trial court denied his motion and Robinson was subsequently convicted of armed robbery and weapons violations. The Court, with 2 justices concurring, … Continue reading
November 26, 2013 4th Circuit published opinion
United States v Montes-Flores Montes-Flores pled guilty to illegal reentry. The district court ruled that his conviction for assault and battery of a high and aggravated manner (ABHAN) was a crime of violence under the sentencing guidelines and sentenced him … Continue reading
Posted in Uncategorized
Tagged categorical approach, criminal sentencing, harmless error
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