South Carolina Supreme Court Decisions 2012
Date: December 19, 2012
Docket Number: 27202
Justia Opinion Summary: Defendant Danny Cortez Brown was convicted of trafficking in cocaine and sentenced to twenty-five years in prison. He appealed, arguing the trial court erred in denying his motion to suppress the cocaine, which was…
Date: December 12, 2012
Docket Number: 27201
Justia Opinion Summary: In a declaratory judgment action, the parties appealed the circuit court's order authorizing Storm M. H. ("Student"), who resided in Berkeley County, to enroll in the Academic Magnet High School ("AMHS") located in the…
Date: November 21, 2012
Docket Number: 11 IT IS ORDERED that an ABC Trial Roster shall be set for each term of family court.
Date: November 21, 2012
Docket Number: 27189
Justia Opinion Summary: The Supreme Court accepted the petition of Harleysville Mutual Insurance Company (Petitioner) in its Original Jurisdiction to assess constitutional challenges to Act No. 26 of the South Carolina Acts and Joint…
Date: November 21, 2012
Docket Number: 27190
Justia Opinion Summary: The State appealed the Court of Appeals' decision invalidating respondent's sentence of life without parole. Respondent was convicted of second-degree arson and sentenced to life without parole (LWOP). The Court of…
Date: November 21, 2012
Docket Number: 27191
Justia Opinion Summary: This case returns to the Supreme Court on remand from the United States Supreme Court (USSC) for reconsideration in light of its decision in "Williamson v. Mazda Motor of America, Inc.," (131 S.Ct. 1311 (2011)). In the…
Date: November 21, 2012
Docket Number: 27192
Justia Opinion Summary: Vernon Sulton was rendered paraplegic by gunshot wounds he received as a bystander at an armed robbery. After initial treatment at Richland Memorial Hospital, he was transferred to the HealthSouth Rehab Hospital in…
Date: November 21, 2012
Docket Number: 27195
Justia Opinion Summary: 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…
Date: November 21, 2012
Docket Number: 27196
Justia Opinion Summary: William E. Terry, Jr. appealed a family court order holding him in contempt for failing to vacate the parties' marital residence as required under the temporary order. The appeal was manifestly without merit, and the…
Date: November 21, 2012
Docket Number: 27197
Justia Opinion Summary: Nathan Stallings leased a home in Mt. Pleasant where he lived with his fiancee and a roommate. He used an internet networking site to meet other poker players, and established a regular Sunday night game in his home.…
Date: November 7, 2012
Docket Number: 27183
Justia Opinion Summary: Respondent Walter Martin was presiding over bond court when one of the defendants before him questioned the bond set. Respondent became upset with the defendant and asked the defendant whether he was calling respondent a…
Date: November 7, 2012
Docket Number: 27185
Justia Opinion Summary: Tiffanie Rutland (Tiffanie) was killed when the car in which she was riding rolled over and fell on top of her after she was partially ejected. This case presented the novel issue of whether "pre-impact fear" should have…
Date: November 7, 2012
Docket Number: 27186
Justia Opinion Summary: In this wrongful death and survival action involving a train collision, Appellant Connie Carson as personal representative of the estate of Beryl Harvey, argued on appeal that the circuit court erroneously excluded…
Date: November 7, 2012
Docket Number: 27187
Justia Opinion Summary: Robert W. Oskin, Glenn Small, and Freddie Kanos (collectively "Appellants") contested the Master-in-Equity's ruling that the assignment of a note and mortgage on a Myrtle Beach property did not violate the South Carolina…
Date: November 7, 2012
Docket Number: 27188
Justia Opinion Summary: The Savannah Bank, N.A., (Bank) sought to foreclose on a property owned by Appellant Alphonse Stalliard. Appellant argued that he should not be held liable for a loan closed by a person acting on his behalf under a power…
Date: November 2, 2012
Docket Number: 27182
Justia Opinion Summary: Petitioners Savannah Riverkeeper, South Carolina Coastal Conservation League, South Carolina Wildlife Federation, and Conservation Voters of South Carolina (collectively, Conservation Groups) petitioned the Supreme Court…
Date: October 17, 2012
Docket Number: 27181
Justia Opinion Summary: Appellant Library Associates purchased a building located at 404 King Street (404 King) which was formerly the main branch of the Charleston County Public Library. Charleston City Council adopted Zoning Ordinance…
Date: October 10, 2012
Docket Number: 27177
Justia Opinion Summary: After finding a card for flowers for another woman in her husband’s car, Petitioner Gail Jennings confronted him. Respondent M. Lee Jennings confessed he had fallen in love with someone else, and although he refused to…
Date: October 10, 2012
Docket Number: 27180
Justia Opinion Summary: Appellant was convicted of murder and possession of a weapon during a crime of violence and received concurrent sentences of life (murder) and five years (weapon). On appeal, he alleged the trial judge committed…
Date: October 3, 2012
Docket Number: 27175
Justia Opinion Summary: Carolina Park Associates, LLC, lost its interest in a parcel of real property through foreclosure. At the foreclosure sale, an affiliate of one of Carolina Park Associates’ members purchased the property. Appellant…
Date: October 3, 2012
Docket Number: 27176
Justia Opinion Summary: Petitioner Jason Ervin Black appealed his convictions for criminal sexual conduct (CSC) with a minor in the first degree and committing a lewd act upon a minor. Petitioner contended on appeal that the trial court…
Date: September 26, 2012
Docket Number: 27173
Justia Opinion Summary: Petitioner Larry Moore challenged the post-conviction relief (PCR) court's finding that he received effective assistance of counsel. Petitioner's trial counsel waived his right to a jury trial and opted instead for a…
Date: September 20, 2012
Docket Number: 27172
Justia Opinion Summary: Appellant-Respondent George Tempel and Respondents-Appellants the State Election Commission and South Carolina Republican Party appealed a circuit court order concerning the candidacy of Respondent-Appellant Paul…
Date: September 19, 2012
Docket Number: 27171
Justia Opinion Summary: Frank Hutson was working as a crane operator for the State Ports Authority when he suffered an injury to his lower back and legs while attempting to remove a container from a ship. He was diagnosed with a disc bulge for…
Date: September 12, 2012
Docket Number: 27169
Justia Opinion Summary: The South Carolina Supreme Court certified the following question from the United States District Court for the District of South Carolina: "In the case of a partial failure of title which is covered by an owner's title…
Date: September 12, 2012
Docket Number: 27170
Justia Opinion Summary: Appellant Stacy Howard, an inmate incarcerated with the South Carolina Department of Corrections ("SCDC"), appealed the Administrative Law Court's ("ALC's") summary dismissal of his appeal from a prison disciplinary…
Date: August 29, 2012
Docket Number: 27161
Justia Opinion Summary: Andrew Ballard worked for years crafting a plan for a marina through Warpath Development, Inc., the business he had incorporated for this purpose. He eventually sought the investment and involvement of Tim Roberson, Rick…
Date: August 29, 2012
Docket Number: 27165
Justia Opinion Summary: Appellant Anthony Gracely appealed his conviction for conspiracy to traffic four hundred grams or more of methamphetamine in violation of section 44-53-375 of the South Carolina Code. Appellant argued that the circuit…
Date: August 29, 2012
Docket Number: 27166
Justia Opinion Summary: Appellant Jay Warren appealed an order that denied his Rule 55(c) and Rule 60(b)(1), SCRCP motions, as well as his independent motion to set aside a judgment sale. On appeal, he contested only the denial of his motion to…
Date: August 29, 2012
Docket Number: 27168
Justia Opinion Summary: India Graves, a six-month-old girl, died while being monitored by one of CAS Medical Systems' products. India's parents, Kareem and Tara Graves, subsequently filed a products liability lawsuit against CAS, contending the…
Date: August 27, 2012
Docket Number: 27139
Justia Opinion Summary: Stephen E. Lipscomb ("Appellant"), the manager of SEL Properties, LLC ("SEL") appealed a jury verdict against him for tortious interference with a contract entered into by SEL with Dutch Fork Development Group, II, LLC…
Date: August 15, 2012
Docket Number: 27157
Justia Opinion Summary: Appellant RFT Management Co., L.L.C. (RFT) brought this action against respondents Tinsley & Adams, L.L.P. and attorney Welborn D. Adams (collectively, Law Firm) based on their legal representation of RFT during the…
Date: August 15, 2012
Docket Number: 27160
Justia Opinion Summary: Margaret Mims (Mims), as guardian ad litem for her son Edward, filed a complaint against the Babcock Center and others alleging Edward sustained physical injuries and was mistreated while under their care. The circuit…
Date: August 8, 2012
Docket Number: 27155
Justia Opinion Summary: Petitioner Monica Weston purchased a pair of prescription decorative, colored contact lenses without a prescription from Respondent Kim's Dollar Store, an unauthorized seller. The lenses were manufactured by Respondent…
Date: August 8, 2012
Docket Number: 27156
Justia Opinion Summary: The issue before the Supreme Court in this case was whether the Alltel Entities (collectively Petitioners Alltel Communications, Inc. and its regional subsidiaries), were included in the definition of "telephone company"…
Date: August 1, 2012
Docket Number: 27153
Justia Opinion Summary: Cathy Bone filed a workers' compensation claim form (Form 50) dated August 7, 2007 alleging that she injured her back on Tuesday, June 26, 2007 while employed with U.S. Food Service. Her job consisted of power washing…
Date: August 1, 2012
Docket Number: 27154
Justia Opinion Summary: Milliken & Company sued Brian Morin after he resigned from the company and started a new venture using Milliken's proprietary information. The primary basis of the suit was that Morin breached the confidentiality and…
Date: July 26, 2012
Docket Number: 27148
Justia Opinion Summary: This case involved a contest over the private adoption of a child born in Oklahoma to unwed parents, one of whom is a member of the Cherokee Nation. After a four day hearing in September 2011, the family court issued a…
Date: July 25, 2012
Docket Number: 27146
Justia Opinion Summary: Two issues came before the Supreme Court in this case: (1) whether an assignee of a note and mortgage has a right to surplus funds generated by the foreclosure of a prior mortgage on the property; and (2) whether that…
Date: July 25, 2012
Docket Number: 27147
Justia Opinion Summary: South Carolina Farm Bureau Mutual Insurance Co. (Farm Bureau) brought a declaratory judgment action to determine whether Henry Kennedy was entitled to underinsured motorist (UIM) coverage for an accident. The trial court…
Date: July 18, 2012
Docket Number: 27145
Justia Opinion Summary: Employee-Respondent Aletha Johnson hurt her back while working for Employer-Appellant Rent-A-Center, Inc. The company contended that the appellate panel of the Workers' Compensation Commission erred by awarding…
Date: July 11, 2012
Docket Number: 27140
Justia Opinion Summary: Appellant Brandon Bentley, a deputy sheriff with the Spartanburg County Sheriff's Department, alleged that he developed Post Traumatic Stress Disorder (PSTD) and depression after he shot and killed a suspect who…
Date: July 11, 2012
Docket Number: 27141
Justia Opinion Summary: Petitioner Mark Fountain brought this action for defamation based on a statement by Thomas C. Ewart, chief banking officer for Respondent First Reliance Bank, as to why the bank would not make a loan on a business…
Date: July 11, 2012
Docket Number: 27142
Justia Opinion Summary: Appellant Samuel Whitner was convicted and sentenced for the offense of criminal sexual conduct with a minor in the first degree. The victim of the sexual abuse was Appellant's then five- or six-year-old daughter.…
Date: July 11, 2012
Docket Number: 27143
Justia Opinion Summary: Brentwood Homes, Inc. and the other appellants in this case (collectively "Brentwood Homes") appealed a circuit court's order denying a motion to stay the proceedings and compel arbitration in a lawsuit filed by…
Date: June 27, 2012
Docket Number: 27138
Justia Opinion Summary: Appellant Richard Freemantle challenged the legality of a severance agreement between Anderson County and Respondent Joey Preston, a former Anderson County administrator. Respondent was hired as County Administrator in…
Date: June 27, 2012
Docket Number: 27139
Justia Opinion Summary: Appellant Stephen Lipscomb, manager of SEL Properties, appealed a jury verdict against him for tortious interference with a contract entered into by SEL with Respondents Dutch Fork Development Group, II, LLC and Dutch…
Date: June 20, 2012
Docket Number: 27134
Justia Opinion Summary: Petitioner Bobbie Manigo challenged his civil commitment to the Department of Mental Health for long-term control, care, and treatment pursuant to the Sexually Violent Predator Act ("SVPA"). Specifically, Petitioner…
Date: June 20, 2012
Docket Number: 27135
Justia Opinion Summary: Appellant Kathy Salley was found guilty of homicide by child abuse and sentenced to twenty years' imprisonment, suspendable upon eight years' service. Appellant claims the circuit judge committed reversible error by…
Date: June 20, 2012
Docket Number: 27136
Justia Opinion Summary: Appellant Lisa Argabright and Respondent Wayne Argabright were formerly married, are now divorced and share joint custody of their minor daughter. Appellant appealed the family court's issuance of a restraining order…
Date: June 13, 2012
Docket Number: 27131
Justia Opinion Summary: Respondents Kelly Rhoden and her daughters, Ashley Arrieta and Emerlynn Dickey, were involved in a motor vehicle accident while riding in a vehicle owned and operated by Arrieta. The parties stipulated that the…
Date: June 6, 2012
Docket Number: 2012-MO-019
Date: June 6, 2012
Docket Number: 27129
Justia Opinion Summary: Respondent Jarod Wayne Tapp was convicted of murdering and sexually assaulting his upstairs neighbor, Julie Jett (victim), and of burglarizing her apartment. Respondent received a life sentence for murder and two…
Date: June 6, 2012
Docket Number: 27130
Justia Opinion Summary: Petitioner Chris Anthony Liverman was convicted of two counts of murder and sentenced to life imprisonment. The court of appeals affirmed. Petitioner sought certiorari with respect to the claim that the trial court…
Date: June 5, 2012
Docket Number: 27128
Justia Opinion Summary: The issue before the Supreme Court in this case was declaratory relief in connection with an alleged improper certification of certain candidates by the Florence County Republican Party for the June 12, 2012, party…
Date: May 16, 2012
Docket Number: 27044
Justia Opinion Summary: Respondent Atlantic Coast Builders and Contractors, LLC brought an action against its landlord, Petitioner Laura Lewis, for negligent misrepresentation, unjust enrichment, and breach of contract. Atlantic also sought a…
Date: May 16, 2012
Docket Number: 27125
Justia Opinion Summary: Petitioner Neeltec Enterprises, Inc., d/b/a/ Fireworks Supermarket, appealed an order requiring it to substitute two corporations as defendants in its SCUPTA suit in lieu of the individual Willard Long against whom it…
Date: May 16, 2012
Docket Number: 27126
Justia Opinion Summary: Petitioner Michael Goins pled guilty to a second possession with intent to distribute crack cocaine, and possession with intent to distribute crack cocaine within the proximity of a school. He received a negotiated…
Date: May 16, 2012
Docket Number: 27127
Justia Opinion Summary: Appellant Joey Ellis appealed a circuit court order that revoked and terminated his probation. He argued that the circuit court lacked subject matter jurisdiction because the probation violation warrant was not issued…
Date: May 9, 2012
Docket Number: 27122
Justia Opinion Summary: Petitioner Zeb Eron Binnarr was convicted by a jury for failing to timely register as a sex offender. He appealed his conviction primarily on the ground that he did not receive actioal notice of a change of the law…
Date: May 9, 2012
Docket Number: 27123
Justia Opinion Summary: William Watson Eldridge III (Father) created two trusts for the ultimate benefit of his sons, William Watson Eldridge IV (Bill) and Thomas Hadley Eldridge (Tom). In 1973, Father formed a revocable trust (R-trust), for…
Date: May 9, 2012
Docket Number: 27124
Justia Opinion Summary: Appellant Jennifer Dykes appealed a circuit court's order that she be subject to satellite monitoring for the rest of her natural life pursuant to Section 23-3-540(C) of the South Carolina Code (Supp. 2010). She raised…
Date: May 2, 2012
Docket Number: 27118
Justia Opinion Summary: Willie James Fee died while in the care of Respondent AMISUB of South Carolina, Inc., d/b/a Piedmont Medical Center (Piedmont). Petitioner Evelyn Grier, as the personal representative of his estate, subsequently brought…
Date: May 2, 2012
Docket Number: 27119
Justia Opinion Summary: A circuit court found Appellant David Cannon in contempt of court for violating (1) an order mandating that Appellant give up all authority and cease all activities relating to the James Brown estate, the Brown trusts,…
Date: April 11, 2012
Docket Number: 27112
Justia Opinion Summary: The Supreme Court granted a petition for a writ of certiorari to review the decision in "Fairchild v. South Carolina Department of Transportation," (385 S.C. 344, 683 S.E.2d 818 (Ct. App. 2009)). The Court of Appeals…
Date: April 11, 2012
Docket Number: 27113
Justia Opinion Summary: Appellant East Cherry Grove Realty Co., LLC, appealed a jury verdict which found that South Carolina held title to certain disputed canals in North Myrtle Beach. The question was submitted to the jury on three theories:…
Date: April 11, 2012
Docket Number: 27114
Justia Opinion Summary: Appellants, who are current and former certified educators employed by the South Carolina Department of Corrections (SCDC) in the Palmetto Unified School District (PUSD), collectively appealed the Administrative Law…
Date: April 11, 2012
Docket Number: 27115
Justia Opinion Summary: Respondent Hook Point, LLC (Hook Point) was granted a preliminary injunction preventing Appellant Branch Banking and Trust Company (BB&T) from drawing on, and Defendant First Reliance Bank (First Reliance) from honoring,…
Date: April 4, 2012
Docket Number: 27106
Justia Opinion Summary: The South Carolina Law Enforcement Division (SLED) conducted a sting operation on the Blue Moon Sports Bar, a private club operated by Petitioner Blue Moon of Newberry, Inc. After SLED's investigation, Respondent…
Date: April 4, 2012
Docket Number: 27107
Justia Opinion Summary: This case presented a "novel" question of whether a member of a limited liability company could be held personally liable for torts committed while acting in furtherance of the company's business. Carl R. Aten, Jr., and…
Date: April 4, 2012
Docket Number: 27108
Justia Opinion Summary: Appellant Benjamin P. Green appealed his convictions for criminal solicitation of a minor and attempted criminal sexual conduct ("CSC") with a minor in the second-degree. In challenging his convictions, Appellant…
Date: April 4, 2012
Docket Number: 27109
Justia Opinion Summary: Respondent Robert Bayly was issued a uniform traffic ticket for simple possession of marijuana. Prior to trial, Respondent paid the required fine and did not appear in court on the trial date. Respondent did not appeal…
Date: April 4, 2012
Docket Number: 27110
Justia Opinion Summary: After a bench trial, Appellant Robert Whitesides was convicted of possession of a firearm during the commission of the crime of trafficking in marijuana. On appeal, he contended that the trial court erroneously…
Date: April 4, 2012
Docket Number: 27111
Justia Opinion Summary: Appellant Creola Young appealed an order of the circuit court which upheld the Charleston County School Board's (Board) decision not to renew her employment contract, on the ground that the Board violated her procedural…
Date: March 14, 2012
Docket Number: 27102
Justia Opinion Summary: In 2004, Petitioner Reginald Latimore pled guilty to committing a lewd act on a child. He was released from prison in 2005, and was required to register as a sex offender by the Sex Offender Registry Act. In 2006, the…
Date: March 14, 2012
Docket Number: 27103
Justia Opinion Summary: In 1969, the State sued Appellant Yelsen Land Company alleging that the State owned "all tidelands, submerged lands, and waters" adjacent to Morris Island. Appellant answered and claimed it owned all the tidelands,…
Date: March 14, 2012
Docket Number: 27104
Justia Opinion Summary: Petitioner Oseil Gomez Narciso appealed his conviction for trafficking cocaine, asserting that the circuit court erred in denying his motion to suppress drug evidence seized by police during a routine traffic stop.…
Date: March 14, 2012
Docket Number: 27105
Justia Opinion Summary: Petitioner Marcus Hyman appealed the denial of his request for post-conviction relief (PCR) on the ground that his counsel was ineffective. In June 2007, a grand jury indicted Petitioner for a third offense of…
Date: March 7, 2012
Docket Number: 27099
Justia Opinion Summary: This issue in this case centered on proposed renovations to the overcrowded Chapin High School, which required filling in a portion of a stream on its property. District 5 of Lexington and Richland Counties received a…
Date: March 7, 2012
Docket Number: 27100
Justia Opinion Summary: Kristi McLeod (Mother) and Robert Starnes (Father) divorced in 1993. Mother received custody of their two minor children, and Father was required to pay child support. Despite rather sizable increases in Father's income,…
Date: February 29, 2012
Docket Number: 27096
Justia Opinion Summary: Appellant John Sterling, Jr. was charged with three criminal offenses: securities fraud, making false or misleading statements to the State Securities Commission, and criminal conspiracy. He was convicted of securities…
Date: February 1, 2012
Docket Number: 27092
Justia Opinion Summary: Susan Chisholm (Wife) appealed the court of appeals' reversal of the family court's grant of attorney's fees. She argued that the court of appeals incorrectly held the family court erred by solely considering beneficial…
Date: January 17, 2012
Docket Number: 27086
Justia Opinion Summary: Appellant Graham Law Firm (Graham) appealed a trial court's order granting respondents' motion to set aside default judgment on the grounds that the court lacked jurisdiction based upon inadequate service of process. In…
Date: January 3, 2012
Docket Number: 27085
Justia Opinion Summary: Appellants Phillip Grimsley and Roger Mowers were retired and later rehired employees of the South Carolina Law Enforcement Division (SLED). As employees, they were members of the Police Officers Retirement System. As…
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.