South Carolina Habeas Corpus Law
Duane Harrison v. Bryan P. Stirling
Florence, South Carolina civil rights lawyer represented the Plaintiff.<br> <br> Duane Harrison seeks to appeal the district court's order denying his Fed.R.Civ.P. 60(b) motion for relief from the court's prior order dismissing his 28 U.S.C. § 2254 petition. He also seeks to appeal the district court's order denying reconsideration. The orders are not appealable unless a circuit justice or jud... More...
$0 (12-19-2024 - SC)UNITED STATES OF AMERICA v. LEONARD OLIVER <table> <td>
Leonard Oliver pleaded guilty to attempt to possess with intent to distribute 500 <br> grams or more of cocaine and was sentenced to ten years in prison, the mandatory minimum <br> sentence for the offense given his criminal record. See 21 U.S.C. §§ 841(b)(1)(B), 846.1 <br> The district court entered its judgment on September 30, 2011. The following year, Oliver <br> filed a tLeonard Oliver p... More...
$0 (12-20-2017 - SC)BOBBY JAMES MOORE v. TEXAS <table> <td>
<center><font color="red"><h1>MoreLaw Performance Marketing</h1></font><br> <h2><a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28012&z=74103&s=OK" target="_new">If It Does Not Work, It Is Free!</a></h2></center><br> <br> JUSTICE GINSBURG delivered the opinion of the Court. Bobby James Moore fatally shot a store clerk during a botched robbery. He was convicted of capital mur... More...
$0 (03-28-2017 - SC)<b>James D. Robertson v. State of South Carolina</b>
On March 26, 1999, Petitioner was convicted and sentenced to death for the 1997 murder of his parents, armed robbery, and financial transaction card fraud. Over the course of the next four years, Petitioner filed a direct appeal through appointed counsel, moved to relieve appointed appellate counsel, and filed a pro se appeal to this Court on July 25, 2003. Ultimately, following a judicial determ... More...
$0 (12-16-2016 - SC)<b>Louis Michael Winkler, Jr. v. State of South Carolina</b>
On the evening of the murder, Winkler kicked in the door to his estranged wife's home, knocked her son to the ground, and shot her in the face, killing her instantly. In addition to murder, Winkler was convicted of first-degree burglary and assault and battery of a high and aggravated nature. We described the specific facts of the crimes in our opinion affirming the convictions and death sentenc... More...
$0 (11-23-2016 - SC)<b>The State v. Alexander L. Hunsberger</b></h2.
Petitioner Alexander L. Hunsberger (Alex) was sentenced to thirty-three years' incarceration for his part in the murder of Samuel Sturrup. Alex argued on appeal that the trial judge erred in denying his speedy trial motion. The Court of Appeals affirmed. State v. Hunsberger, Op. No. 2014UP-381 (S.C. Ct. App. filed Nov. 5, 2014). We granted Alex's petition for a writ of certiorari to review the C... More...
$0 (10-30-2016 - SC)Jomer Hill v. State of South Carolina
In December of 2000, Kenneth Goldsmith and Clifton "Trey" Brown (Trey) were shot at a "liquor house" where locals regularly visited to buy drugs, drink alcohol, gamble, and socialize. Goldsmith died at the scene and Trey was transported to a hospital where he later died. The case became a cold case when investigators were unable to identify a suspect. Officers sought to reopen the case by seeki... More...
$0 (03-06-2016 - SC)James G. Blakely, a/k/a Jimmy G. Blakely v. Robert Wards
With the Prisoner Litigation Reform Act ("PLRAâ€), Congress sought to reduce the number of frivolous lawsuits flooding the federal courts. Congress did so in part by enacting 28 U.S.C. § 1915(g), a "three-strikes†statute providing that if a prisoner has already had three cases dismissed as frivolous, malicious, or for failure to state a claim for which relief may be granted, the pri... More...
$0 (10-24-2013 - SC)Heather Herron v. Century BMW
This case returns to us on remand from the United States Supreme Court to reconsider our opinion in Herron v. Century BMW[1] in light of its decision in AT&T Mobility, LLC v. Concepcion.[2] Because the issue of preemption was not preserved for review in the South Carolina proceedings, we reinstate our initial opinion.<br><br>I.<br><br>The underlying action originally came before this Court on app... More...
$0 (12-19-2011 - SC)Edward Lee Elmore v. Jon Ozmint
For nearly thirty years, Edward Lee Elmore, a mentally retarded handyman, has been behind bars, mainly on South Carolina's death row, for the January 1982 murder of Dorothy Edwards, an elderly woman who had sporadically employed him. The 28 U.S.C. § 2254 petition now on appeal, however, is part of Elmore's very first effort to secure federal habeas corpus relief. The antecedent state proceeding... More...
$0 (11-22-2011 - SC)Donald Brandt v. Jonathan E. Ozmint
Donald Brandt instituted a legal malpractice suit against Elizabeth Gooding and her law firm, Gooding & Gooding PA, (collectively "Gooding") in South Carolina state court after Gooding represented Brandt in the closing of a real estate transaction. During the course of that proceeding, the state court summarily found Brandt guilty of criminal contempt and sentenced him to six months' imprisonment ... More...
$0 (02-18-2011 - SC)<a href="http://pacer.ca4.uscourts.gov/opinion.pdf/027394.P.pdf" target="_new">Stanley M. Ballenger v. John Dale Owens, et al.</a>
Stanley Ballenger commenced this action against the State of South Carolina and South Carolina State Trooper John Owens under 42 U.S.C. § 1983, alleging an unreasonable search and seizure and demanding $1.5 million in damages. In particular, Ballenger alleged that Trooper Owens illegally and unconstitutionally stopped him, searched his automobile, and seized the automobile and property foun... More...
$0 (12-18-2003 - SC)