Posts Tagged 'Law.com'



Wrongful Death Suit Proceeds May Be Transferred Before Being Obtained, High Court Rules in First-Impression Case

“The proceeds of such lawsuits are akin to trust funds held for the statutory beneficiaries. Nothing in the will and trust statutes prohibits the transfer of expected proceeds into a trust,” said Justice Yvonne Kauger. “Prohibiting such a transfer would be counterintuitive to the nature of an estate trust, and our prior treatment of wrongful […]

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Published on     Posted In: Law.com

Defendant Was Prejudiced by Being Shackled for 'Majority' of Trial, Rules South Carolina Court of Appeals

“The shackles could have suggested the court was concerned she would experience a violent outburst, or more problematically, their appearance after opening statements could imply Reese exhibited some conduct between opening statements and the beginning of testimony that necessitated shackling,” said Judge Konduros. “Consequently, the potential impact on the jury was far greater than the […]

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Published on     Posted In: Law.com