It is generally thought that statements made in the course of plea bargaining are inadmissable if the deal collapses and the accused later goes to trial. In fact, Rule 410 of the South Carolina Rules of Evidence (SCRE) (which is substantially similar to its counterpart in the Federal Rules of Evidence(FRE) states that ” . . . a statement made during plea negotiations with a prosecuting authority, even if a guilty plea is not entered or is later withdrawn, is not admissible.”

Read full post

Among the hundreds of cases that the Supreme Court refused to review last week was the trademark dispute between The University of South Carolina and The University of Southern California.

Read full post

The case involves a 19 year old dispute over the Pentagon’s 1991 termination of the A- 12 Avenger stealth fighter aircraft program.

Read full post

The Supreme Court Database is a wonderful tool for tracking trends in U.S. Supreme Court decisions. This Database allows its users to analyze whether the Supreme Court is trending more “liberal” or more “conservative” on a variety of topics – including decisions relating to criminal procedure and the rights of the accused.

Read full post

On June 1, 2010, the US Supreme Court, in Berghuis v. Thompkins, has chosen to lighten the government’s burden to show waiver of a suspect’s right to remain silent, and clarifies law enforcement obligations that were established in Miranda v. Arizona more than 40 years ago

Read full post

In a landmark decision today, the US Supreme Court extended the Second Amendment right to bear arms nationwide.

Read full post