South Carolina CDV Law Given More Teeth!

The South Carolina Code of Laws, § 16-25-20, states in part that any person convicted or pleads guilty to a 3rd offense of what is known as Criminal Domestic Violence, shall serve a mandatory 1 year but not more than 5 years of imprisonment, and is guilty of a felony.

In October of this year, the South Carolina Supreme Court heard arguments for a Petitioner who believed that inmates convicted of CDV 3rd should be permitted to earn good time credits and earned work credits such that they could reduce their terms of actual imprisonment below the mandatory minimum of one year.  In November, the Court issued an opinion.

The Court did not agree with the Petitioner, stating "We find the legislature intended § 16-25-20(B)(3) to require inmates convicted of CDV 3rd to actually be imprisoned for the mandatory one-year minimum. The legislature expressly provided that an inmate convicted of CDV, second offense, who is sentenced to the mandatory minimum term of imprisonment is eligible for early release based on credits he is able to earn during the service of his sentence. We find that, by omitting such language from the provision at issue, the legislature intended to make an inmate convicted of CDV 3rd ineligible to receive good time and earned work credits to reduce the time they are required to serve below the mandatory minimum of one year. See Hodges v. Rainey, 341 S.C. 79, 86, 533 S.E.2d 578, 582 (2000) (the canon of construction "expressio unius est exclusio alterius" or "inclusio unius est exclusio alterius" holds that “to express or include one thing implies the exclusion of another, or of the alternative").  "

Therefore, giving the CDV laws in the state of South Carolina more teeth.  To review the opinion in its entirety click here: Kevin Nelson vs.Johnathan E. Ozmint.

The Death of an R&B Legend who made Legal History!

An R&B legend has died.  She had the voice of an angel, and when you heard it, you knew who it was.  Her name....Marie Christine Brockert, but we know her as Teena Marie.  She had the nickname of "Lady T" and was the protege of Rick James.  She also played the congos and the guitar.  But more importantly, she made legal history for recording artists.

In 1982, Motown sued Teena Marie for breach of contract after she informed the label that she no longer wanted to perform; in turn, Ms. Marie filed a countersuit against the legendary company and won. The countersuit resulted in the landmark artists’ rights initiative known as “The Brockert Initiative,” - Ms. Marie’s last name - placing strict limitations on the length of artist/company contracts. This historical entertainment mandate states that no recording company can contractually bind an artist while refusing to release his/her product.

RIP Teena Marie!