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