State v. Binnarr

I respectfully dissent. As I noted in concurrence with this Court’s recent decision affirming a conviction under S.C.Code Ann. § 23-3-470, State v. Latimore, 397 S.C. 9, 723 S.E.2d 589 (2012), I do not believe this situation is controlled by Lambert v. California, 355 U.S. 225, 78 S.Ct. 240, 2 L.Ed.2d 228 (1957), and actual notice is not required for conviction under that section. Indeed, as I noted in Latimore, the Court’s decision in that case turned on evidence of the petitioner’s constructive notice, not evidence of actual notice.

Constructive, or inquiry, notice is the legal imputation of…