The South Carolina Supreme Court this month entertained arguments raised only by amici — despite the rule against it. The case is In the Interest of Kevin R., Op. No. 27430 (S.C. Sup.Ct. filed Aug. 6, 2014).
No, this is not another post on balancing work and life. We are taking about vacating a court case as part of settling the case on appeal. Okay, but why not try to vacate the troublesome decision? Vacating the case erases the bad precedent, doesn’t it? Continue reading
The last post asked you to imagine that a South Carolina Supreme Court decision kills your case. Because it is a Supreme Court decision, spending time in the Court of Appeals is a waste unless you can distinguish the precedent or point to an intervening statute. Bypassing the Court of Appeals, to get immediate Supreme Court review, may be a way to go.
But say the case that kills you was rendered by the Court of Appeals. Continue reading
Say your opposing counsel uncovered a South Carolina Supreme Court decision that just kills your case. You tried to distinguish it and use other techniques to deal with it, but the case is there. The trial court relied on it to toss your case, and the Court of Appeals will likely agree that the precedent controls.
So what do you do? Continue reading
No, this is not about social media. We are talking about filing amicus curiae or “friend of the court” briefs in South Carolina appeals.
Amicus briefs got my attention when an outfit filed a Rule 213, SCACR, motion for leave to file an amicus brief. The proposed amici supported my client, and I welcomed the help. Opposing counsel was less inviting.
To oppose leave, counsel relied heavily on Judge Richard Posner’s view of amici. While the proposed amici did not reply, Judge Samuel Alito offers plenty of ammunition. Continue reading