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Appellate Law

South Carolina Appellate Law Blog South Carolina Appellate Law Blog

Appellate law topics in South Carolina and in the federal courts.
By Bill Watkins, Esq.

Post Frequency: 11.4/day

Last Entry: December 13, 2008 at 08:02:00

Recent Entries: 160

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Congress proposes to overhaul judicial pay and retirement

Posted on December 17, 2007
Here's the scoop on the proposed revisions.Congress may be offering federal judges a major pay raise for the first time in 16 years, but lawmakers are also embracing a plan to deter senior judges from taking high-paying jobs in the private sector.The House Judiciary Committee approved a bill last week that will bump up salaries of all federal judges by a whopping 31 percent...


Sentencing Commission makes crack cocaine amendment retroactive

Posted on December 13, 2007
From the Commission's press release:The United States Sentencing Commission unanimously voted today to give retroactive effect to a recent amendment to the Federal Sentencing Guidelines that reduces penalties for crack cocaine offenses. Retroactivity of the crack cocaine amendment will become effective on March 3, 2008...


SCOTUS gives district judges more discretion in sentencing

Posted on December 11, 2007
Linda Greenhouse has this report. Here is taste: Judges still may not impose sentences above the range written into law by Congress or state legislatures. But the decision on Monday gives judges broad discretion to impose sentences higher or lower than the guidelines, which are not statutes and are issued by the United States Sentencing Commission.


SC Supreme Court finds no due process violation where man incarcerated with peitioner served on the jury

Posted on December 11, 2007
In Smith v. State, the SC supreme court upheld a decision of the PCR court denying petitioner post conviction relief. Juror Walling, who had been incarcerated with petitioner and who petitioner allegedly had a fight with, was seated on the jury. Only later after trial did Petitioner realize who Walling was...


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Book Review of My Grandfather's Son

Posted on December 10, 2007
Jeffrey Rosen has this review of Justice Thomas' new book.


Magna Carta for Sale

Posted on December 07, 2007
It would be pretty cool to own a copy of Magna Carta. Problem is that I'm a little short of the $20-30 million price tag.


SC Ct. of Appeals holds trial court did not error in permitting spectators to wear buttons bearing the victim's photo

Posted on December 05, 2007
In State v. Paige, Paige was convicted of manslaughter and requested a new trial because the trial judge denied his request to order the victim's family and friends to remove buttons with the victim's photograph on them. The Court of appeals applied an ?actual or inherent prejudicial effect on the jury? test...


SCOTUS to hear another Gitmo case

Posted on December 03, 2007
The New York Times has the latest on court's upcoming argument in Boumediene v. Bush, No. 06-1195.


North Street favored site of new federal courthouse in Greenville

Posted on November 30, 2007
From the Greenville News:The city of Greenville and lawyers from several downtown firms told federal officials Thursday that they prefer that the new federal courthouse be built across from the county courthouse on North Street.Several people who spoke at a public hearing on the site selection for the new $137 million building voiced opposition to a proposed site on Falls Street opposite the Liberty Bridge, saying that area would be better developed with shops and restaurants to take advantage of downtown foot traffic.


Feds have three locations in mind for Greenville courthouse

Posted on November 29, 2007
The Greenville News has the scoop here.


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