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Daniel Smalls v. South Carolina Department of Social Services, et al.

IFP petition · Court of Appeals of South Carolina, No. 2023-001195 · judgment May 14, 2025


Certiorari denied · April 20, 2026

Questions presented

  1. Whether the Fourteenth Amendment’s Due Process Clause permits a state court to assert jurisdiction and impose child support obligations on a nonresident absent personal service of process.

  2. Whether due process is violated when a state court lacking jurisdiction establishes paternity and imposes lifelong parental obligations based solely on uncorroborated testimony and an adverse inference from refusal to submit to DNA testing, in conflict with other state courts requiring competent evidence of parentage.

  3. Whether removal of a litigant from the courtroom while raising jurisdictional objections violates the constitutional right to be heard and constitutes structural error requiring reversal.

Counsel of record

For petitioner
Daniel Smalls

For respondent
Harry Olander Shaw III
SCDSS Child Support Services Division

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 20 2026
    Petition DENIED.
  2. Mar 26 2026
    DISTRIBUTED for Conference of 4/17/2026.
  3. Mar 25 2026
    Waiver of right of respondents SC Dept. of Social Services to respond filed.
  4. Aug 27 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 16, 2026)