Sixth Amendment

Arraignments

Arraignments

For now, there is no such thing as a formal “arraignment” in South Carolina, although that was addressed in the...

State v. Liverman – Neil v. Biggers hearing is necessary even if the eyewitness knows the defendant

State v. Liverman – Neil v. Biggers hearing is necessary even if the eyewitness knows the defendant

In State v. Liverman, decided June 6, 2012, the S.C. Supreme Court overruled McLeod v. State, 260 S.C. 445, 196...

Commission on Indigent Defense runs out of money again

Commission on Indigent Defense runs out of money again

It sounds like a temporary issue through July, but the excess funds for the next month will have to come...

Luzerne County, Pennsylvania public defender files class action lawsuit over inadequate funding

Luzerne County, Pennsylvania public defender files class action lawsuit over inadequate funding

The Luzerne County chief public defender, Al Flora, Jr. has filed a class action lawsuit against the County asking for...

Crash the system

Crash the system

“The system of mass incarceration depends almost entirely on the cooperation of those it seeks to control.” A NY Times...

Why shouldn’t magistrate or municipal courts follow the law?

Why shouldn’t magistrate or municipal courts follow the law?

Why shouldn’t they? And why shouldn’t defendants get a fair trial in the magistrate or the municipal court? There are...

State v. Justus – conflict of interest

State v. Justus – conflict of interest

In State v. Justus, decided May 9, 2011, the S.C. Supreme Court held that it was not an abuse of...

Montejo does not apply to prosecutors

Montejo does not apply to prosecutors

The Supreme Court’s ruling in Montejo v. Louisiana that law enforcement can contact represented counsel and seek a waiver of...

Ex Parte Brown – Lawyer’s services are property subject to the protection of the Fifth Amendment

Ex Parte Brown – Lawyer’s services are property subject to the protection of the Fifth Amendment

In Ex Parte Brown, decided June 21, 2011, the S.C. Supreme Court has finally held that lawyers are entitled to...

Turner v. Rogers – no right to counsel in child support proceedings

Turner v. Rogers – no right to counsel in child support proceedings

In Turner v. Rogers, decided on June 20, 2011. the U.S. Supreme Court overturned the S.C. Supreme Court’s ruling that...