Latest news with #SouthCarolinaCodeofLaws
Yahoo
3 days ago
- General
- Yahoo
Some Spartanburg Co. deputies were sworn in incorrectly, interim sheriff realizes
SPARTANBURG COUNTY, S.C. (WSPA) – When Jeffery Stephens was sworn in last week as Spartanburg County Sheriff, he noticed something was missing from the oath which he was required to recite. Some deputies had been sworn in incorrectly by leaving out part of the oath they're required to recite. Every deputy in South Carolina has to take two oaths. One is found within the South Carolina Constitution. The other is found in the South Carolina Code of Laws. Reciting the two oaths is part of their duty to obey and enforce laws fairly. A spokesperson said the Spartanburg County Sheriff's Office noticed, under former Sheriff Chuck Wright, some deputies were incorrectly sworn in because some words were missing in the code of laws. Spartanburg Co. Sheriff Chuck Wright resigns, cites 'recent health diagnosis' Brandi Hinton, an attorney at Ellis Hinton Law said not stating the full oath and proceeding could lead to problems with the arrests made by those deputies. 'Certainly is the right of a defendant to have a deputy arrest them that is properly sworn because that is what the constitution and the state statues say,' Hinton said. Hinton said it'll be at the discretion of the defendants impacted and their attorneys on how they handle this. How many cases may be impacted is unknown at this time. Hinton said she thinks it will be used as a negotiation tactic. However, she believes a case dismissal would be extremely difficult. 'It is really a case specific decision,' Hinton said. 'It is a strategy decision by the particular defense attorney and defendant that they will make jointly.' Hinton said this issue has happened before in South Carolina. She says it's uncommon but it's also happened at our nation's highest level. Community, law enforcement react to Sheriff Chuck Wright's resignation 'When President Obama was sworn in by Chief Justice John Roberts, that oath was actually administered incorrectly and Chief Justice John Roberts went to the White House and corrected it later that same day,' Hinton said. In a Greenwood County case heard by the South Carolina Supreme Court where deputies were improperly sworn in, justices ruled the case would not be dismissed. 'The Court of Appeals opinion is broader in that it also evaluated the status of the deputies,' a spokesperson for the Spartanburg County Sheriff's Office explained. 'It provides that the deputies are at least 'de facto deputies' and that actions taken consistent with their position as a deputy are lawful.' 'Simply because you have this issue, it doesn't mean that you necessarily can't be prosecuted for what they arrested you for,' Hinton said. Hinton, a former federal and state prosecutor who has worked thousands of cases as both a prosecutor and defense attorney, said it is something the Spartanburg County Sheriff's Office might see brought up in court. 'At any point, the Supreme Court can take up another issue or they can say this issue is different from the one we heard back in 2016,' Hinton said. 'They are very similar, so the court will look to that opinion in making their decision but certainly they can raise that issue at any time.' The sheriff's office said Sheriff Stephens corrected the issue this week and has since sworn in the deputies – again – with the full service oath. Cases that could be impacted are only cases handled by deputies between the time they were sworn in under former Sheriff Chuck Wright and re-sworn in on Tuesday. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
20-05-2025
- Yahoo
Two York County women, including a sheriff deputy, charged with ill-treatment of animals: SLED
YORK COUNTY, S.C. (QUEEN CITY NEWS) — Two York County women have been arrested and charged with ill-treatment of animals. On May 16, the South Carolina Law Enforcement Division (SLED) charged Amari Anne Mitchell, 27, and Kaitlyn Johnson, 26, on two counts of ill-treatment of animals as well as burying a dead animal improperly and criminal conspiracy. Mitchell, who is a York County deputy, was arrested after animal control was called to her residence in regard to an animal complaint. According to arrest warrants, the Animal Control Officer witnessed a very malnourished Goldendoodle named Axel on the property. When the ACO talked to Mitchell on the phone, she told him that the dog had a vet appointment on May 12. The vet examined Axel and euthanized him. Part of the vet's report said, 'Axel's decline and starvation occurred over a long period of time (months) and he suffered a great deal. My clinical suspicion is high for long-term neglect. Unfortunately, given Axel's level of emaciation, dehydration, and shock, his prognosis was grave and he was humanely euthanized to end his suffering.' Warrants say that Johnson and Mitchell violated the South Carolina Code of Laws by failing to bury a deceased animal at least three feet underground. The animal carcass was found near the rear fence gate of her backyard during the execution of a search warrant on their home. Documents also show that the pair also had a small Maltese locked in a small hallway closet marked 'Dog Room' with no lighting, water or minimal air circulation. Officials say the temperature in the closet was warmer than 75 degrees. The backside of the door had significant scratch marks, indicating the dog's efforts to escape. Sandpaper was placed on the interior of the door, which Johnson states was intended to prevent the dog from scratching the door. Following Mitchell's arrest, she was placed on administrative leave without pay, pending an internal review of the incident. She had served as a deputy for two years. Mitchell and Johnson were booked into the York County Detention Center. Queen City News is tracking CRIME in your area 🚨 >> Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
30-04-2025
- Politics
- Yahoo
South Carolina bill aims to limit offensive content in schools
Columbia S.C. (WSPA) – There's a push in the final weeks of this year's session to pass a bill that would affect students in South Carolina. If passed, teachers and schools could face consequences if they discuss topics or content seen as 'offensive' or 'obscene' with students. 'This material would not be, like I said, allowed on TV, wouldn't be allowed on the radio,' said Representative April Cromer (R – Anderson). 'So why are we exposing our children to it? There's a time and a place for those materials, and the schoolhouse is not that place.' The bill would change the state's current obscenity laws by making the definition of 'harmful to minors' more strict. Small parts of a book would be considered 'inappropriate' if they contain obscene or graphic material. The South Carolina Code of Laws defines obscenity, but the bill would redefine it. 'Categorizing an absurdly amount of speech as obscene. This bill is a far-reaching attack on South Carolinians first amendment rights,' Josh Malkin, American Civil Liberties Union. Cromer said that as the bill's sponsor, it is crucial to protect children. 'We've had parents that have complained and called in all over the state with concerns of what the material that their children are being exposed to,' Cromer said. Malkin strongly opposes this bill. He testified and said if this bill is passed, a potty-training book would be seen as 'obscene.' He said since there was a minor in the room while he was testifying, if this bill was a current law, he could be in trouble. 'I think if Bill 4123 were to pass, a bill that categorizes a mention of excretion as sexual activity. My testimony where I talked about excretion in the book 'Everybody Poops' could technically be considered a violation of that bill,' said Malkin. Representative Travis Moore said this bill has significant constitutional bill is still in discussion in the House and will likely not pass this year. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
