South Carolina v. Langford

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The issue before the Supreme Court in this case was whether Section 1-7-330 of the South Carolina Code (2005), which vested control of the criminal docket in the circuit solicitor, violated the separation of powers principle embodied in Article 1, Section 8 of the South Carolina Constitution. In 1980, the Court recognized that "[t]he authority of the court to grant continuances and to determine the order in which cases shall be heard is derived from its power to hear and decide cases. . . .This adjudicative power of the court carries with it the inherent power to control the order of its business to safeguard the rights of litigants." The Court concluded that section 1-7-330 was at odds with "this intrinsically judicial power." The Court therefore held that section 1-7-330 violated the separation of powers and therefore was unconstitutional. However, because Appellant K.C. Langford, III suffered no prejudice as a result of section 1-7-330, the Court affirmed his convictions. View "South Carolina v. Langford" on Justia Law