- Bert von Hermann leaving the 15th circuit solicitor's office
Posted May 15, 2008, 5:18 pm by Bobby G. Frederick
Bert will be opening a law office in Conway, after working for 9 years at the solicitor's office. I look forward to seeing you fighting the good fight for the wrongfully accused - best of luck to you in your new practice.
- California Supreme Court strikes down ban on same-sex marriage
Posted May 15, 2008, 1:59 pm
A copy of the opinion, can be found here. This is a summary of a the court's holding: First, the exclusion of same-sex couples from the designation of marriage clearly is not necessary in order to afford full protection to all of the rights and benefits that currently are enjoyed by married opposite-sex couples; permitting same-sex couples access to designation of marriage will not deprive opposite-sex couples of any rights and not alter the legal framework of the institution of marriage,...
- South Carolina to get another district judge?
Posted May 15, 2008, 1:50 pm
That would be the case under the Federal Judgeship Act of 2008. The Bill is currently in the Senate Judiciary Committee. Lindsey Graham is a co-sponsor.
- Light Blogging this week
Posted May 15, 2008, 1:46 pm
I've been in the field interviewing witnesses. More appellate posts will be forthcoming!
- GAO Report criticizes investigation of nursing home deficiences
Posted May 15, 2008, 12:59 pm
Here is a link to the recent GAO Report that shows a lack of investigation into nursing home neglect and abuse. The NY Times ran a great article on this report. Below are some excerpts from that article. Nursing home inspectors routinely overlook or minimize problems that pose a serious, immediate threat to patients, Congressional investigators say in a new report. In the report, the investigators from the Government Accountability Office, say they have found widespread "understatement of...
- Governor Sanford Vetoes Exemption Bill — Call Your Reps!
Posted May 15, 2008, 7:18 am by Sheryl
Governor Mark Sanford inexplicably vetoed the exemption bill that I discussed here, that received wide and bipartisan support in both houses of the General Assembly. Call your representatives today, please, and express your support for this law, asking them to override the governor's veto. This is urgent. And remember this, when you make your decision about who should next hold the governor's position.
- Bite mark database?
Posted May 15, 2008, 4:59 am by Bobby G. Frederick
Bite mark "evidence" has sent numerous innocent persons to prison, and even death row. It has been debunked over and over as junk science, persons convicted by it have later been exonerated, and yet it is still advocated by some. Researchers at Marquette University are building a "bite-mark database" that would be similar to DNA databases, and their intent is to use the database to identify crime suspects. Bite mark evidence has been used to successfully obtain convictions in many cases. One...
- Orangeburg DUI attorney still under pressure
Posted May 14, 2008, 6:13 pm by Bobby G. Frederick
One unwarranted side effect of the recent focus on the South Carolina Highway Patrol has been the harassment of Senator Brad Hutto by the news media and others. The Greenville News in particular was pushing for an investigation into the revelation that 12 of 17 DUI tickets written by the same trooper to Senator Hutto's clients resulted in dismissals. The only reason this even became an issue is because Hutto is a senator, and the media is playing "gotcha." The bottom line is that Brad Hutto is...
- Save On Your Grocery Bills
Posted May 14, 2008, 1:21 pm by Sheryl
Here's a great piece on how to save some money on your family's weekly grocery bills. With rising prices and supply issues - prompting food warehouse stores like Costco to ration rice purchases per customer - people need to do whatever they can to keep food costs down. This article follows a Conway woman (Horry County, SC) in her grocery shopping excursion. The bottom line for this mother of nine (yes, nine!) children? Seventy-two bucks and change. And that's twelve dollars more than she...
- Jury compensates family for death of resident from overdose
Posted May 14, 2008, 12:09 pm
Tucson Citizen had an article about a recent jury verdict where a jury awarded a Tucson family $6 million for a death involving an 81-year-old relative who died of a morphine overdose. Mary Culpepper and two other relatives were awarded $2 million each. Culpepper sued Manor Care, TMC, a doctor, nurse and pharmacy over the Dec. 8, 2003, death of her mother, Sylvia Culpepper. She was admitted to TMC on Dec. 2, 2003, suffering from sciatica, a painful nerve condition. On Dec. 4, 2003, she was...
- Technology and Divorce
Posted May 13, 2008, 10:01 pm
MyFox Chicago aired a report last week on the ways that new technology has worked its way into divorce cases. The description for their report is listed below Going through a divorce has rarely been easy. But these days, high-tech tracking devices are making it easier than ever for things to get ugly. Cell phones, text messages, and GPS devices are getting more spouses in trouble than ever before. Larry Yellen tells us how more people are deciding that all's fair in love and divorce. This story...
- Proposed bill would permit DNA samples to be taken before conviction
Posted May 13, 2008, 9:33 pm by Bobby G. Frederick
A bill is floating around in the state legislature would permit South Carolina to take DNA samples from anyone charged with a felony punishable by at least five years. The DNA sample would be taken when the person is arrested, even though the person has not been convicted of any crime. I don't ordinarily agree with Governor Mark Sanford, but last year Sanford vetoed the same bill, saying that taking such personal information without a court order violates their civil liberties. Forcing persons...
- Insurance Foxes Rank Henhouse Security
Posted May 13, 2008, 12:58 pm
The anti-justice U.S. Chamber of Commerce's prestigious-sounding "Institute for Legal Reform" released its annual survey ranking state legal systems' fairness to corporations. South Carolina ranked 43rd. For once, a low ranking is good news for South Carolina's citizens. You see, some years ago, the U.S. Chamber was taken over by the Big Business forces who want to make sure that those who harm others don't have to pay for that harm in court. The "study" is based solely on the subjective...
- Large verdict for resident's loss of dignity
Posted May 13, 2008, 11:47 am
Kathleen Glanville, a writer for The Oregonian, wrote an article about a $900,000 verdict for a resident who was treated ridiculously bad by a nursing home. The jury ruled that an 86-year-old woman with Alzheimer's disease suffered a loss of dignity when Lake Oswego police forced her to the floor of her nursing home and handcuffed her. The jury awarded more than $900,000 to the family of the late Elvera Stephan for the way she was treated the night of April 13, 2006, at The Pearl at Kruse Way...
- Law Gone to the Dogs
Posted May 12, 2008, 7:14 am
Our firm fields calls everyday from injury victims as well as concerned citizens about "dangerous dogs". Most jurisdictions have laws which regulate dogs that have been classified as "dangerous". The problem is local officials often do nothing to enforce these laws. The result is dogs that attack, bite and injure are often returned to the owner for the same nightmare to occur time after time to others. In recent years dog attacks have received increased media attention. Often public scrutiny...
- USSCT will hear prosecutorial immunity case
Posted May 12, 2008, 5:25 am by Bobby G. Frederick
The United States Supreme Court will decide Goldstein v. Van de Kamp, et. al., to determine whether top officials in a prosecutor's office can be sued for damages for failing to supervise/ failing to put into place policies to ensure that Brady materials are provided to defense counsel. Thomas Lee Goldstein spent 24 years in prison after he was wrongfully convicted for a murder in Long Beach, California. Goldstein was convicted in large part based on the testimony of a jailhouse informant who...
- The "Respectful" Divorce
Posted May 11, 2008, 10:01 pm
Sometimes even the best marriages don't work out and divorce becomes inevitable. However, that does not mean that war must also inevitable. For instance, consider the current divorce case by actor Robin Williams. Mr. Williams and his wife have agreed to have a "respectful" divorce. Specifically, they signed an agreement to remain respectful of each other during their court proceedings, which states We will strive to be honest, cooperative and respectful as we work in this process to achieve the...
- DUI Manslaughter Myrtle Beach BIKE WEEK
Posted May 11, 2008, 6:56 pm by Russell Mace
Myrtle Beach bike week began in full on Friday, May 9th, 2008. Unfortunately it was only 24 hours into Bike Week before the a motorcycle death occurred. There are usually several motorcycle related accidents during Bike Week. Many of the accidents are caused by local drivers who are not adapted to motorcycles being on many of the local roads around Myrtle Beach. This accident was on Kings Highway near The Dunes Country Club where a motorcycle rider hit the side of a truck. The driver of the...
- Mexican Drug Cartel
Posted May 11, 2008, 6:58 am by Russell Mace
DEA officers in Seattle, Washington recently arrested several members of a Mexican Drug ring. The arrests were related to Cocaine trafficking. The DEA agents seized over 36 pounds of cocaine and have alleged that the Drug ring was distributing over 30 kilograms of cocaine per month. The DEA code named the investigation "Operation Pink Tiger" based on the fact that the cocaine was being shipped in pink cellophane. The DEA is infamous for giving code names to drug investigations. There were also...
- South Carolina's new DUI law
Posted May 11, 2008, 5:09 am by Bobby G. Frederick
South Carolina's revised driving under the influence bill was signed into law a few weeks ago, but it will not be effective until February 10, 2009. There are quite a few minor revisions, but the main changes are found in the penalties, which are now graduated based on the blood alcohol level. Revised penalties under the new 56-5-2930: First offense: $400.00 or 48 hours to 30 days in jail, or 48 hours community service. If the blood alcohol concentration (BAC) is .10 to .15: $500.00 or 72 hours...