Latest 2 Cases: South Carolina v. McCall (Constitutional Law), South Carolina v. Young (Constitutional Law)

What Else Might Senate Republicans Have Done, Given That They’re Too Scared to Do the Right Thing?

NEIL H. BUCHANAN

UF law professor and economist Neil H. Buchanan considers whether there is anything Senate Republicans might have done, instead of outright acquitting President Trump, to maintain the role of Congress as a coequal branch with the Executive. Buchanan proposes that under the text of the impeachment clauses, those Republican senators could have voted for removal—the necessary result of finding wrongdoing—but permitted Trump to run again in the election later this year.

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South Carolina v. McCall

Docket: 27943

Opinion Date: February 5, 2020

Judge: Kaye Gorenflo Hearn

Areas of Law: Constitutional Law, Criminal Law

Appellant Terry McCall was convicted of felony DUI. On appeal, he argued the warrantless collection of his blood and urine at the direction of law enforcement pursuant to Section 56-5-2946 of the South Carolina Code (2018) violated the Fourth Amendment. The South Carolina Supreme Court affirmed because exigent circumstances existed to support the admission of his blood and urine test results.

South Carolina v. Young

Docket: 27942

Opinion Date: February 5, 2020

Judge: John W. Kittredge

Areas of Law: Constitutional Law, Criminal Law

In the course of a gun battle between mutual combatants, a bullet fired at Petitioner Aaron Young Jr. (Young Jr.) missed its intended mark and killed an unintended victim. Young Jr. and his father Aaron Young Sr. (Young Sr.) willingly engaged a rival, Tyrone Robinson, in a residential neighborhood. The battle ended when Robinson shot and killed an unintended victim, an eight-year-old child who was playing in the area. The State charged all three combatants with the murder of the victim. Robinson's murder charge stemmed from a straightforward application of the doctrine of transferred intent. The Youngs' murder charges stemmed from an application of the doctrine of mutual combat. The South Carolina Supreme Court held mutual combat could properly serve as the basis for a murder charge for the death of a non-combatant under the "hand of one is the hand of all" theory of accomplice liability. The Court therefore found the law sanctioned holding Young Jr. responsible for the actions of Robinson in causing the victim's death, and affirmed Young Jr.'s murder conviction and sentence.