Archive for the ‘South Carolina Specific’ Category

Two recent interesting unpublished family law opinions

I rarely blog about unpublished opinions because even when they are interesting, and even when they should have been published, they rarely do anything other than restate legal principals that have been established in published opinions. However two recent unpublished family court opinions make new law–or would make law if they were published and therefore […]

The legislative paternalism of South Carolina’s name change law

When my wife was a social worker at a local hospital she once acted as a case manager for a mother giving birth to twins. That mother had allowed her five year-old son to name the newborns. Thus, there are teenage twins running around the LowCountry with the names “Bubba” and “Mufasa.” No South Carolina […]

Court of Appeals (surprisingly) authorizes reversal of determination of paternity based on father’s fraud claim

Ever since DNA testing became sufficiently accurate to conclusively exclude paternity, there’s been a tension between the goals of establishing paternity with finality and with accuracy.  Previous South Carolina case law has indicated a possibility of overturning prior but inaccurate determinations of paternity.  The August 2, 2017 Court of Appeals opinion in Ashburn v. Rogers […]

Equal protection challenge to domestic abuse statute leaves law in chaos

The July 26, 2017 Supreme Court opinion in Doe v. State has left South Carolina’s Protection from Domestic Abuse [a civil, family court, statute] and Criminal Domestic Violence [a criminal statute] laws in chaos. Doe stems from an equal protection challenge brought a lesbian who sought protection from domestic abuse against her ex-fiancé. That statute, […]

Family Court Procedure 101 Materials

On June 10, 2017, Dana Adkins and I, on behalf of Charleston Pro Bono Legal Services, presented a seminar explaining family court procedure to pro se litigants.  The intent is to repeat this seminar throughout the state and repeat it on occasion locally (as the population of pro se litigants is ever changing).  Materials below.  Feel free to circulate […]

Seminar on “How to Represent Yourself in Family Court”

Please help me spread the word about this seminar, which Dana Adkins and I are presenting on behalf of Charleston Pro Bono Legal Services on Saturday June 10, 2017 at 10:30 a.m. at the Charleston County Public Library (68 Calhoun Street). It will be three hours of explaining family court procedure to pro se litigants. There […]

In praise of the additional sustaining ground

The Supreme Court opinion of Walker v. Brooks, 414 S.C. 343, 778 S.E.2d 477 (2015) was unique for my appellate experience in a number of disappointing ways. While I have lost a number of appeals, this was the first time I have lost when representing the respondent (it is much harder to lose when one […]

Help T. Ryan Phillips get Baker v. Hardwick published

I would love to see the May 24, 2017 Court of Appeals opinion in Baker v. Hardwick get published. Not just because T. Ryan Phillips and I share office space; not just because I referred him the appeal that he turned into a victory reversal. Baker establishes an important legal principle: the outer limits of […]

 

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