South Carolina Supreme Court Decisions 2011

South Carolina v. Inman  
Date: December 28, 2011
Docket Number: 27081

Justia Opinion Summary: Appellant Jerry Inman pled guilty to murder, first-degree burglary, first-degree criminal sexual conduct, and kidnapping of a Clemson University student. The judge sentenced Appellant to death for murder and two consecu...

In the Matter of the Care and Treatment of Jeremy Lane Edwards  
Date: December 28, 2011
Docket Number: 27082

Justia Opinion Summary: Appellant State Law Enforcement Division (SLED) appealed the circuit court order relieving Respondent Jeremy Lane Edwards from registering as a sex offender registration. In 1998, Respondent pled guilty to two counts of...

Doe v. South Carolina Dept. Health Human Svcs.  
Date: December 28, 2011
Docket Number: 27083

Justia Opinion Summary: The issue on appeal before the Supreme Court was whether Respondent South Carolina Department of Health and Human Services and its agent, the South Carolina Department of Disabilities and Special Needs (DDSN), "properly...

South Carolina v. Odems  
Date: December 28, 2011
Docket Number: 27084

Justia Opinion Summary: Petitioner Kevin Odems appealed the Court of Appeals' decision that affirmed his 2005 convictions for first degree burglary, grand larceny, criminal conspiracy, and malicious injury. The State's case against Petitioner...

State v. Driesen
Date: December 19, 2011
Docket Number: 2011-MO-037
Peterson v. Florence County
Date: December 19, 2011
Docket Number: 2011-MO-038
Woods v. Breakfield
Date: December 19, 2011
Docket Number: 2011-MO-039
Gardner v. State
Date: December 19, 2011
Docket Number: 2011-MO-040
Herron v. Century BMW  
Date: December 19, 2011
Docket Number: 26805

Justia Opinion Summary: This case returned to the South Carolina Supreme Court from the United States Supreme Court for reconsideration in light of "AT&T Mobility, LLC v. Concepcion." The underlying action originally came to the Court on appeal...

Union County Sheriff's Office v. Henderson  
Date: December 19, 2011
Docket Number: 27077

Justia Opinion Summary: Appellant Willard Farr owned seven gaming machines seized from a Union business. The magistrate issued an order to destroy the machines, and Appellant timely sought a post-seizure hearing in an attempt to block their des...

Plaintiff v. Defendant
Date: December 19, 2011
Docket Number: 27078
In the Matter of Max B. Singleton
Date: December 19, 2011
Docket Number: 27079
In the Matter of Michael T. Hursey, Jr
Date: December 19, 2011
Docket Number: 27080
Chisolm v. SCDC
Date: December 12, 2011
Docket Number: 2011-MO-036
Emerson Electric v. So. Car. Dept. of Revenue  
Date: December 12, 2011
Docket Number: 27073

Justia Opinion Summary: Emerson Electric Company and its subsidiaries timely filed consolidated tax returns for South Carolina in fiscal years 1999 through 2002. The periods at issue in this appeal were tax years 1999, 2000, and 2001 (license t...

Moseley v. All Things Possible  
Date: December 12, 2011
Docket Number: 27074

Justia Opinion Summary: Petitioner All Things Possible, Inc. (ATP) sold an undeveloped lot to Respondents Michael and Marsha Moseley. The lot was burdened by an underground, surface-water drainage easement running diagonally across the entire l...

McMaster v. Columbia Board of Zoning  
Date: December 12, 2011
Docket Number: 27075

Justia Opinion Summary: The property which was the subject of this appeal was owned by Appellant Peggy McMaster and located in the City of Columbia in the immediate vicinity of the University of South Carolina. Pursuant to the Ordinance, only o...

Lozada v. So Car. Law Enforcement Div.  
Date: December 12, 2011
Docket Number: 27076

Justia Opinion Summary: Defendant Jose Lozada appealed the circuit court's order denying his petition for a declaratory judgment to be removed from the Sex Offender Registry. Defendant argued that the crime to which he pled guilty in Pennsylva...

Lucas v. State
Date: December 5, 2011
Docket Number: 2011-MO-034
Martino v. State
Date: December 5, 2011
Docket Number: 2011-MO-035
In the Matter of Matthew Edward Davis
Date: December 5, 2011
Docket Number: 27071
Cole v. Boy Scouts of America  
Date: December 5, 2011
Docket Number: 27072

Justia Opinion Summary: Appellant Karen Cole, on behalf of her husband David, sued the Boy Scouts of America, Indian Waters Council Pack 48 after David was injured during a father-son softball game at a family camping trip. Respondent Jeff Wagn...

Jones v. State
Date: November 28, 2011
Docket Number: 2011-MO-033
In the Matter of Howard Hammer
Date: November 28, 2011
Docket Number: 27070
In the Matter of Howard Hammer
Date: November 28, 2011
Docket Number: 27070
Beaufort County v. SC Election Commission  
Date: November 22, 2011
Docket Number: 27069

Justia Opinion Summary: Petitioners Beaufort County and several officials from county boards of elections and registration sought a declaration from the Supreme Court in its original jurisdiction that the General Assembly has neither authorized...

Patterson v. State
Date: November 21, 2011
Docket Number: 2011-MO-031
Wyatt v. State
Date: November 21, 2011
Docket Number: 2011-MO-032
Michau v. Georgetown County  
Date: November 21, 2011
Docket Number: 27064

Justia Opinion Summary: Appellant Alexander Michau appealed a ruling by the Appellate Panel of the South Carolina Workers' Compensation Commission (Commission) denying his claim for repetitive trauma injuries to his shoulders. Specifically, Ap...

Kiawah Development v. So. Car. Dept. of Health & Environ. Cont.  
Date: November 21, 2011
Docket Number: 27065

Justia Opinion Summary: The South Carolina Coastal Conservation League (League) and the South Carolina Department of Health and Environmental Control (DHEC) appealed an administrative law judge's (ALJ) order that allowed Respondent Kiawah Devel...

In the Matter of James H. Dickey
Date: November 21, 2011
Docket Number: 27066
In the Matter of Ivan N. Walters
Date: November 21, 2011
Docket Number: 27067
State v. Jackson
Date: November 21, 2011
Docket Number: 27068
In the Matter of G. Turner Perrow, Jr
Date: November 7, 2011
Docket Number: 27063
Jordan v. State
Date: October 24, 2011
Docket Number: 2011-MO-028
Burress v. State
Date: October 24, 2011
Docket Number: 2011-MO-029
Ward v. State
Date: October 24, 2011
Docket Number: 2011-MO-030
In the Matter of Thomas Maurice Gagne
Date: October 24, 2011
Docket Number: 27056
In the Matter of Amanda Graham Steinmeyer
Date: October 24, 2011
Docket Number: 27057
In the Matter of Michael Langford Brown, Jr
Date: October 24, 2011
Docket Number: 27058
Holmes v. National Service Industries  
Date: October 24, 2011
Docket Number: 27059

Justia Opinion Summary: Petitioner Carolyn Holmes began working for linen company Respondent National Service Industries (National). According to Petitioner, the work environment at the facility was "very hot" and "sticky" with "a lot of lint a...

Spence v. Wingate  
Date: October 17, 2011
Docket Number: 27055

Justia Opinion Summary: Respondent Deborah Spence alleged that attorney Kenneth Wingate breached a fiduciary duty to her as a former client in its handling of her late husband's life insurance policy. Mr. Spence was a member of United States Ho...

Lyles v. State
Date: October 10, 2011
Docket Number: 2011-MO-026
Waccamaw Publishers v. Palmer
Date: October 10, 2011
Docket Number: 2011-MO-027
In the Matter of Brian Charles Reeve
Date: October 10, 2011
Docket Number: 27050
In the Matter of John W. Harte, Jr
Date: October 10, 2011
Docket Number: 27051
In the Matter of Richard M. Lovelace, Jr
Date: October 10, 2011
Docket Number: 27052
In the Matter of Efia Nwangaza
Date: October 10, 2011
Docket Number: 27053
Bass v. Gopal  
Date: October 10, 2011
Docket Number: 27054

Justia Opinion Summary: In the summer of 1999, Petitioner Gerald Bass was a guest at the Super 8 Motel (Super 8) in Orangeburg while he and several co-workers performed refrigeration work at a local grocery store.  Gopal, Incorporated (Responde...

South Carolina v. Dickerson  
Date: October 3, 2011
Docket Number: 27048

Justia Opinion Summary: A jury convicted Defendant William Dickerson of first degree murder, kidnapping, and criminal sexual conduct, for which he was sentenced to death.  On appeal to the Supreme Court, Defendant argued the circuit court erred...

Charleston County DSS v. Marccuci  
Date: October 3, 2011
Docket Number: 27049

Justia Opinion Summary: Appellant Sean Taylor appealed an order which terminated his parental rights to his six-year-old daughter on three grounds: willful failure to visit, willful failure to support, and because the child had been in foster c...

Ray v. State
Date: September 26, 2011
Docket Number: 2011-MO-024
Harrell v. State
Date: September 26, 2011
Docket Number: 2011-MO-025
Atlantic Coast Builders & Contractors v. Lewis  
Date: September 26, 2011
Docket Number: 27044

Justia Opinion Summary: Respondent Atlantic Coast Builders & Contractors, LLC brought an action against Petitioner Laura Lewis for negligent misrepresentation, unjust enrichment, and breach of contract.  In 2003, Petitioner, acting through a le...

In the Matter of Richard M. Campbell
Date: September 26, 2011
Docket Number: 27045
Carpenter v. Burr
Date: September 26, 2011
Docket Number: 27046
South Carolina v. Dickey  
Date: September 26, 2011
Docket Number: 27047

Justia Opinion Summary: Petitioner Jason Dickey appealed a court of appeals' decision that affirmed his conviction of voluntary manslaughter.  Petitioner worked as a security guard at an apartment building when on the night of April 29, 2004, a...

Theisen v. Theisen  
Date: September 19, 2011
Docket Number: 27041

Justia Opinion Summary: Before the Supreme Court was whether an action for separate maintenance and support could be pursued when the parties were still living together. Eileen (Wife) and Clifford (Husband) Theisen were married in 1980. At the...

Sandlands C&D v. County of Horry  
Date: September 19, 2011
Docket Number: 27042

Justia Opinion Summary: The Supreme Court accepted the certified question from the United States District Court for the District of South Carolina on whether the South Carolina Solid Waste Policy and Management Act, (SWPMA) preempted Horry Coun...

South Carolina v. Jennings  
Date: September 19, 2011
Docket Number: 27043

Justia Opinion Summary: Appellant Thomas Jennings was convicted of two counts of committing a lewd act upon a minor and was sentenced to fifty-five months' imprisonment for the first charge and fifteen years, suspended upon the service of fifty...

In the Matter of Michael James Sarratt
Date: September 12, 2011
Docket Number: 27039
In the Matter of Sean Kevin Trundy
Date: September 12, 2011
Docket Number: 27040
Skinner v. Westinghouse Electric Corp.  
Date: September 6, 2011
Docket Number: 27037

Justia Opinion Summary: Thomas Skinner received an award of benefits from the Workers' Compensation Commission for asbestosis under the scheduled loss provisions of Section 42-9-30 of the South Carolina Code.  Westinghouse Electric Corporation,...

McClurg v. Deaton
Date: September 6, 2011
Docket Number: 27038
CFRE v. Greenville County Assesor  
Date: August 29, 2011
Docket Number: 27032

Justia Opinion Summary: In 2004, Sherry Ray formed CFRE, a single-member limited liability company with herself as the sole member. CFRE conducts no business and was formed solely for estate planning and asset protection purposes. To that end,...

Terry v. South Carolina  
Date: August 29, 2011
Docket Number: 27033

Justia Opinion Summary: Petitioner Gary DuBose Terry was sentenced to death for murder, life imprisonment for first-degree burglary, thirty years' imprisonment for first-degree criminal sexual conduct, and ten years' imprisonment for malicious...

South Carolina Federal Credit Union v. Higgins  
Date: August 29, 2011
Docket Number: 27034

Justia Opinion Summary: Appellant Stivers Automotive of Lexington, Inc. (Stivers) and Respondent South Carolina Federal Credit Union (SCFCU) were parties to a Dealer Agreement (Agreement), under which SCFCU agreed to purchase sales contracts be...

Fairfield School District v. South Carolina  
Date: August 29, 2011
Docket Number: 27035

Justia Opinion Summary: This case invoked the Supreme Court’s original jurisdiction. Plaintiff Board of Trustees of the School District of Fairfield County (Board), Defendants State of South Carolina and the Legislative Delegation of Fairfield...

Foreign Academic & Cultural Exchange Services, Inc. v. Tripon  
Date: August 29, 2011
Docket Number: 27036

Justia Opinion Summary: Appellant Foreign Academic & Cultural Exchange Services, Inc. (FACES) instituted this action against Respondent Daniela Tripon for breach of contract, breach of the duty of loyalty, and injunctive relief. FACES recruits...

Liberty Mutual v. J.T. Walker Industries
Date: August 22, 2011
Docket Number: 2011-MO-022
Franklin v. State
Date: August 22, 2011
Docket Number: 2011-MO-023
Crossmann Communities v. Harleysville Mutual  
Date: August 22, 2011
Docket Number: 26909

Justia Opinion Summary: Appellant/Respondent Harleysville Mutual Insurance Company ("Harleysville") issued a series of standard CGL policies to the Respondent developers or their predecessors (collectively "Crossmann") for a series of condomini...

In the Matter of Craig Poff
Date: August 22, 2011
Docket Number: 27028
Clea v. Odom  
Date: August 22, 2011
Docket Number: 27029

Justia Opinion Summary: Appellant Theresa Clea filed suit to recover for personal injuries sustained by her son (Trevon) after he was bitten by Respondent Essix Shannon's dog. The circuit court granted summary judgment in favor of Respondent....

Nationwide Mutual v. Eagle Windows  
Date: August 22, 2011
Docket Number: 27030

Justia Opinion Summary: In May 2002, Respondent Eagle Windows & Doors, Inc.’s predecessor purchased Eagle & Taylor Company’s assets (Eagle I) from Eagle I's bankruptcy estate. In 2000, homeowners constructed a residence using defective windows...

Allison v. W. L. Gore  
Date: August 22, 2011
Docket Number: 27031

Justia Opinion Summary: This case was a direct appeal in a workers' compensation matter from a master's order reversing the Full Commission and finding respondent's decedent was totally disabled as the result of an occupational disease. On app...

Trotter v. Trane Coil Facility  
Date: August 15, 2011
Docket Number: 27024

Justia Opinion Summary: Employee-Petitioner Melenia Trotter was awarded workers' compensation benefits for a back injury by the South Carolina Workers' Compensation Commission ("Commission").  Petitioner worked at "the turb and trim station," w...

Clarendon County v. TYKAT  
Date: August 15, 2011
Docket Number: 27025

Justia Opinion Summary: Appellant-Respondent Tykat, Inc. appealed an Administrative Law Court's (ALC) decision that upheld Clarendon County's tax assessment on real property Tykat leased from the South Carolina Public Service Authority.  Tykat...

Hilton Head Automotive, LLC v. So. Carolina Dept. of Transportation  
Date: August 15, 2011
Docket Number: 27026

Justia Opinion Summary: In response to population growth and business development along U.S. Highway 278 in Beaufort County, the South Carolina Department of Transportation ("the Department") engaged experts for the purpose of streamlining the...

South Carolina v. Tennant  
Date: August 15, 2011
Docket Number: 27027

Justia Opinion Summary: Petitioner Roy Tennant challenged the trial court's rulings on several evidentiary issues in his trial for first degree kidnapping, and assault and battery.  In particular, Petitioner argued the trial court erred in excl...

Wallace v. State
Date: August 8, 2011
Docket Number: 2011-MO-021
Matrix Financial Services Corp. v. Frazer  
Date: August 8, 2011
Docket Number: 26859

Justia Opinion Summary: Appellant Matthew Kundinger received a default judgment against Louis and Linda Frazer (the Frazers) before the Frazers closed a refinance mortgage with Matrix Financial Services Corporation (Matrix).  In Matrix's forecl...

In the Matter of Jody Vavra Bentley
Date: August 8, 2011
Docket Number: 27019
In the Matter of L.A. "Smokey" Brown, Jr.
Date: August 8, 2011
Docket Number: 27020
In the Matter of Joseph P. Cerato
Date: August 8, 2011
Docket Number: 27021
In the Matter of Tammie Lynn Hoffman
Date: August 8, 2011
Docket Number: 27022
In the Matter of Municipal Court Judge Sheryl Polk McKinney  
Date: August 8, 2011
Docket Number: 27023

Justia Opinion Summary: Respondent Municipal Court Judge Sheryl Polk McKinney's sister, who was the Clerk of the Town of Varnville, was arrested and charged with embezzlement of public funds, forgery, and misconduct in office.  Respondent's sis...

Bon Secours-St. Francis Xavier Hospital v. Wieters  
Date: August 1, 2011
Docket Number: 27016

Justia Opinion Summary: Appellant Bon Secours-St. Francis Xavier Hospital (the Hospital) was a defendant at trial in the underlying civil case.  On the morning of the trial, Appellants removed the case to federal court for the second time on th...

DiMarco v. DiMarco  
Date: August 1, 2011
Docket Number: 27017

Justia Opinion Summary: Petitioner Brian DiMarco sought a writ of certiorari to review the court of appeals' decision that affirmed, as modified, a family court's contempt order against him.  Petitioner was subject to a court order to make mont...

Barron v. Labor Finders  
Date: August 1, 2011
Docket Number: 27018

Justia Opinion Summary: Petitioner Glenda Barron began working for Respondent Labor Finders of South Carolina in Respondent's Charleston office around 1990.  During petitioner's employment, Respondent planned to open a second office location in...

Melton v. State
Date: July 25, 2011
Docket Number: 2011-MO-020
In the Matter of Mark Felker Dahle
Date: July 25, 2011
Docket Number: 27010
Charleston County School District v. Harrell  
Date: July 25, 2011
Docket Number: 27011

Justia Opinion Summary: Appellant Charleston County School District (School District) appealed a circuit court's order that granted a Rule 12(b)(6) SCRCP motion to dismiss its complaint that alleged the unconstitutionality of Act. No. 189 of 20...

Holden v. South Carolina  
Date: July 25, 2011
Docket Number: 27012

Justia Opinion Summary: The Supreme Court granted the State's petition for a writ of certiorari to review a circuit court's order granting post-conviction relief (PCR) to Defendant Kelle Holden as to her guilty plea.  The State contended the ci...

Carolina Chloride v. Richland County  
Date: July 25, 2011
Docket Number: 27013

Justia Opinion Summary: Carolina Chloride, Inc. sued Richland County alleging the County incorrectly advised it of the legal zoning classification of its property and that it lost a potential sale of the property due to the zoning issue.  The t...

South Carolina v. Brandt  
Date: July 25, 2011
Docket Number: 27014

Justia Opinion Summary: After Appellant Donald Brandt produced a fraudulent document in a civil proceeding, a circuit court held Appellant in civil and criminal contempt.  In turn, the court dismissed Appellant's legal malpractice action with p...

South Carolina v. Jacobs  
Date: July 25, 2011
Docket Number: 27015

Justia Opinion Summary: Appellant Abel Jacobs appealed a circuit court's decision holding that a sentence for burglary in the first degree cannot be suspended under the language of South Carolina Code section 24-21-410.  In January 2010, Appell...

So. Carolina Dept. of Social Svcs. v. M.R.C.L.  
Date: July 18, 2011
Docket Number: 27007

Justia Opinion Summary: The South Carolina Department of Social Services (DSS) initiated termination of parental rights (TPR) proceedings against M.R.C.L. (mother) and R.L. (father). Child was removed from mother and father's home in May 2007 d...

In the Matter of Gilbert S. Bagnell
Date: July 18, 2011
Docket Number: 27008
In the Matter of James Gerald Longtin
Date: July 18, 2011
Docket Number: 27009
Patterson v. State
Date: July 11, 2011
Docket Number: 2011-MO-017
Ruffin v. State
Date: July 11, 2011
Docket Number: 2011-MO-018
Spivey v. State
Date: July 11, 2011
Docket Number: 2011-MO-019
Epstein v. Coastal Timber Co., Inc.  
Date: July 11, 2011
Docket Number: 26997

Justia Opinion Summary: Albert Epstein sued Coastal Timber Co., Inc. (Coastal) for damages, alleging that Coastal cut and removed standing timber that was subject to mortgages he held on property he owned. The circuit court found Mr. Epstein fa...

South Carolina v. Nance  
Date: July 11, 2011
Docket Number: 26998

Justia Opinion Summary: The State appealed the trial court's grant of Respondent Robert Nance's pre-trial motion to suppress the testimony of the victim in Respondent's new trial after the Supreme Court granted post-conviction relief (PCR) in "...

In the Matter of Pennington
Date: July 11, 2011
Docket Number: 26999
In the Matter of Irby Ezell Walker, Jr.
Date: July 11, 2011
Docket Number: 27000
In the Matter of Louis S. Moore
Date: July 11, 2011
Docket Number: 27001
In the Matter of Gwendolyn Long Robinson
Date: July 11, 2011
Docket Number: 27002
Pikaart v. A & A Taxi  
Date: July 11, 2011
Docket Number: 27003

Justia Opinion Summary: Appellants A & A Taxi, Inc. and the South Carolina Workers' Compensation Uninsured Employers' Fund appealed a circuit court order that found Respondent Robert Pikaart was an employee of A & A Taxi, Inc. at the time he wa...

South Carolina v. Reid  
Date: July 11, 2011
Docket Number: 27004

Justia Opinion Summary: The Supreme Court granted a writ of certiorari to review the court of appeals' analysis and disposition of Petitioner Jamey Reid's conviction and sentence for attempted second-degree criminal sexual contact (CSC) with a...

Town of Mt. Pleasant v. Roberts  
Date: July 11, 2011
Docket Number: 27005

Justia Opinion Summary: The Town of Mount Pleasant (Town) appealed the circuit court's order reversing and dismissing Defendant Treva Roberts's municipal court conviction for driving under the influence (DUI) on the ground the arresting officer...

Georgetown County League of Women Voters v. Smith Land Co.  
Date: July 11, 2011
Docket Number: 27006

Justia Opinion Summary: Appellant Georgetown County League of Women Voters appealed an order that dismissed its action that sought a declaration that Respondent Smith Land Company had unlawfully filled wetlands and dismissed its request for an...

Cole v. Town of Atlantic Beach Election Commission  
Date: July 7, 2011
Docket Number: 26996

Justia Opinion Summary: This case involved a dispute over the results of a town council election in Atlantic Beach, South Carolina, held on November 3, 2009. Carolyn Cole and Windy Price (Appellants) appealed the circuit court order that affirm...

State v. Goode
Date: July 5, 2011
Docket Number: 2011-MO-016
Frederick v. State
Date: June 27, 2011
Docket Number: 2011-MO-015
Barber v. South Carolina  
Date: June 27, 2011
Docket Number: 26992

Justia Opinion Summary: The State alleged Defendant Sammyeil Barber and three others (Blake Kimbrell, Kenneth Walker, and Marcus Kiser) conspired to rob a drug dealer, Alan Heintz. The men gathered together and discussed the plans for the robbe...

Doe v. Walmart  
Date: June 27, 2011
Docket Number: 26993

Justia Opinion Summary: Appellant "J. Doe" brought an action against Respondent Wal-Mart Stores, Inc. (Wal-Mart) alleging various theories of negligence. The circuit court granted summary judgment in favor of Wal-Mart. This case arose from the...

State v. Fonseca
Date: June 27, 2011
Docket Number: 26994
In the Matter of James Miller  
Date: June 27, 2011
Docket Number: 26995

Justia Opinion Summary: Defendant James Miller appealed the circuit court's order committing him to the custody of the Department of Mental Health under the Sexually Violent Predator Act (SVPA), asserting that the State failed to try the case w...

Brown v. Howard  
Date: June 21, 2011
Docket Number: 26991

Justia Opinion Summary: In 2007, Appellant-Attorney James Brown was appointed to represent Alfonzo Howard. Mr. Howard was charged with multiple crimes, including first degree criminal sexual conduct, two counts of kidnapping, two counts of arme...

Judy v. Judy  
Date: June 20, 2011
Docket Number: 26987

Justia Opinion Summary: Following the resolution of his partition action in probate court, Petitioner James Judy (James) filed a "waste" suit in circuit court against his brother, Respondent Ronnie Judy (Ronnie), for the destruction of a pond l...

Cole Vision v. Hobbs  
Date: June 20, 2011
Docket Number: 26988

Justia Opinion Summary: Respondent optometrist Steven Hobbs sublet space leased by Cole Vision Corporation (Cole Vision) from Sears Roebuck and Company (Sears) for his optometry practice. The sublease agreement between Hobbs and Cole Vision con...

Cabiness v. Town of James Island  
Date: June 20, 2011
Docket Number: 26989

Justia Opinion Summary: This appeal was the culmination of the Town of James Island's (Town) third attempt to incorporate into its own municipal body. The two previous attempts were invalidated by the Supreme Court. In this case, the Court foun...

Risher v. South Carolina Department of Health and Environmental Control  
Date: June 20, 2011
Docket Number: 26990

Justia Opinion Summary: Appellants the South Carolina Department of Health and Environmental Control (DHEC), Office of Ocean and Coastal Resource Management (OCRM), and the South Carolina Coastal Conservation League appealed a final order of th...

In the Matter of William Edwin Griffin
Date: June 13, 2011
Docket Number: 26983
Doe v. Bishop of Charleston  
Date: June 13, 2011
Docket Number: 26984

Justia Opinion Summary: This case stemmed from a class action lawsuit brought by Appellants John Doe #53, John Doe #66, John Doe #66A, John Doe #67, Jane Doe 1, Jane Doe 2 and Rachel Roe. The plaintiffs in the underlying class action consisted...

Rockville Haven v. Town of Rockville  
Date: June 13, 2011
Docket Number: 26985

Justia Opinion Summary: The Town of Rockville is listed in the National Register of Historic Places. Appellant Marc Merrill owns a historic home in Rockville. The property abuts a marsh. Appellant obtained a permit from the state Office of Coas...

Sloan v. Friends of the Hunley  
Date: June 13, 2011
Docket Number: 26986

Justia Opinion Summary: Appellant Friends of the Hunley, Inc., (Friends) is a non-profit corporation dedicated to the recovery and conservation of the H.L. Hunley Confederate submarine. In 2001, Petitioner Edward Sloan submitted a Freedom of In...

Boiter v. South Carolina Dept. of Transp.  
Date: June 6, 2011
Docket Number: 26981

Justia Opinion Summary: Appellants Larry and Jeannie Boiter were injured when the motorcycle they were riding collided with a car driven by Nancy Kochenower at an intersection. The red light signal bulb for the road Ms. Kochenower was traveling...

McConnell v. Haley
Date: June 6, 2011
Docket Number: 26982
Argoe v. Three Rivers Behavioral Health  
Date: May 31, 2011
Docket Number: 26978

Justia Opinion Summary: Appellant Martha Argoe's husband had her committed to Three Rivers Behavioral Health, LLC (Three Rivers). In June 2005, the probate court accepted the petition, and issued an order to have Mrs. Argoe involuntarily commit...

In the Matter of Horry County Magistrate James Oren Hughes
Date: May 31, 2011
Docket Number: 26979
Miles v. Miles  
Date: May 31, 2011
Docket Number: 26980

Justia Opinion Summary: In March 2000, Theodora Miles sought a divorce from James Miles. Prior to the final hearing, the parties reached an agreement on many issues pertaining to the division of the marital property, health insurance, child sup...

South Carolina v. Byers  
Date: May 23, 2011
Docket Number: 26976

Justia Opinion Summary: Petitioner Najjar Byers unsuccessfully appealed the circuit court's denial of his motion to strike a witness' testimony at trial. On an evening in June 2005, a bingo hall was robbed at gunpoint. Police stopped a car afte...

Edwards v. South Carolina  
Date: May 23, 2011
Docket Number: 26977

Justia Opinion Summary: Petitioner Terrance Edwards appealed a circuit court order that denied him post conviction relief. Petitioner was indicted for murder, robbery, and grand larceny. On appeal to the Supreme Court, Petitioner alleged that h...

Baker v. State
Date: May 9, 2011
Docket Number: 2011-MO-014
In the Matter of Michael Hensley Wells
Date: May 9, 2011
Docket Number: 26969
Simmons v. Simmons  
Date: May 9, 2011
Docket Number: 26970

Justia Opinion Summary: Appellant Essie Simmons and Respondent Rubin Simmons divorced in 1990. The parties entered into a settlement agreement that was approved by the family court. Central to the agreement was the requirement that Mr. Simmons...

South Carolina v. Justus  
Date: May 9, 2011
Docket Number: 26971

Justia Opinion Summary: Appellant Kenneth Justus was sentenced to death for the murder of Justin Bregenzer. On appeal to the Supreme Court, Appellant argued that the trial court abused its discretion when it disqualified one of his two appointe...

Mazloom v. Mazloom
Date: May 9, 2011
Docket Number: 26972
Lewis v. Lewis  
Date: May 9, 2011
Docket Number: 26973

Justia Opinion Summary: In this divorce action, the Supreme Court was asked to review two decisions of the appellate court involving the valuation of the marital home and an award of expert witness fees. Both issues involve determinations of fa...

South Carolina v. Duncan  
Date: May 9, 2011
Docket Number: 26974

Justia Opinion Summary: The State appealed a circuit court order dismissing its case against Respondent Gregory Duncan. Respondent was indicted for murder after he shot and killed Christopher Spicer at his home. The court ruled that Respondent...

Bailey v. South Carolina  
Date: May 9, 2011
Docket Number: 26975

Justia Opinion Summary: After his conviction for homicide, Petitioner Lucas Bailey filed an unsuccessful application for post conviction relief. On appeal to the Supreme Court, Petitioner argued that he received ineffective assistance of counse...

Ahrens v. South Carolina  
Date: May 2, 2011
Docket Number: 26966

Justia Opinion Summary: This case involves the State's "working retiree program," and the propriety of its withholding retirement contributions from eligible members who returned to work with the state prior to July, 2005. Before that time, the...

Roe v. Reeves  
Date: May 2, 2011
Docket Number: 26967

Justia Opinion Summary: Craig Reeves was the biological father of "Baby Boy Roe." The biological mother of the child was sixteen when she found out she was pregnant. She attempted to include Mr. Reeves in the pregnancy from the onset, but he wa...

Compton v. South Carolina Dept. of Corrections  
Date: May 2, 2011
Docket Number: 26968

Justia Opinion Summary: Appellants South Carolina Department of Corrections (SCDC) and three of its officers appealed a circuit court order enjoining them from forwarding certain information regarding Respondent James Compton to the Department...

Johnson v. State
Date: April 25, 2011
Docket Number: 2011-MO-013
MRI at Belfair v. SCDHEC
Date: April 25, 2011
Docket Number: 26962
In the Matter of J.M. Long, III
Date: April 25, 2011
Docket Number: 26963
In the Matter of Anonymous Member of the South Carolina Bar
Date: April 25, 2011
Docket Number: 26964
Estate of Patricia S. Tenney v. SCDHEC
Date: April 25, 2011
Docket Number: 26965
Lester v. Straker
Date: April 11, 2011
Docket Number: 2011-MO-012
In the Matter of J. Cameron Halford
Date: April 11, 2011
Docket Number: 26924
Bartley v. Allendale County School District
Date: April 11, 2011
Docket Number: 26960
State v. Bostick
Date: April 11, 2011
Docket Number: 26961
State v. Singley
Date: April 4, 2011
Docket Number: 26954
Berberich v. Jack
Date: April 4, 2011
Docket Number: 26955
Foster v. Foster
Date: April 4, 2011
Docket Number: 26956
State v. Corley
Date: April 4, 2011
Docket Number: 26957
Paschal v. Price
Date: April 4, 2011
Docket Number: 26958
Miller v. FerrellGas
Date: April 4, 2011
Docket Number: 26959
Utilities Services v. Regulatory Staff
Date: March 28, 2011
Docket Number: 26952
Turner v. Milliman
Date: March 28, 2011
Docket Number: 26953
Zellars v. State
Date: March 21, 2011
Docket Number: 2011-MO-009
Roddey v. State
Date: March 21, 2011
Docket Number: 2011-MO-010
Frasier v. State
Date: March 21, 2011
Docket Number: 2011-MO-011
In the Matter of David Breen
Date: March 21, 2011
Docket Number: 26942
In the Matter of Nancy Holland Mayer
Date: March 21, 2011
Docket Number: 26943
In the Matter of Michael Moore
Date: March 21, 2011
Docket Number: 26944
In the Matter of Sheryl Schelin
Date: March 21, 2011
Docket Number: 26945
In the Matter of William Weems
Date: March 21, 2011
Docket Number: 26946
State v. Motts
Date: March 21, 2011
Docket Number: 26947
State v. Blackwell-Selim
Date: March 21, 2011
Docket Number: 26948
Evening Post v. Berkeley County School District
Date: March 21, 2011
Docket Number: 26949
State v. Hatcher
Date: March 21, 2011
Docket Number: 26950
In the Matter of David Braghirol
Date: March 21, 2011
Docket Number: 26951
State v. Parker
Date: March 14, 2011
Docket Number: 26940
State v. Boswell
Date: March 14, 2011
Docket Number: 26941
Simuel v. State of SC
Date: March 7, 2011
Docket Number: 2011-MO-007
Hayward v. State of SC
Date: March 7, 2011
Docket Number: 2011-MO-008
Hollins v. Wal-Mart Stores
Date: March 7, 2011
Docket Number: 26937
Campbell v. Town of Yemassee
Date: March 7, 2011
Docket Number: 26938
In the Matter of William Gary White, III
Date: March 7, 2011
Docket Number: 26939
State v. Howard
Date: February 22, 2011
Docket Number: 2011-MO-006
Carolina Chloride v. SCDOT
Date: February 22, 2011
Docket Number: 26930
State v. Wright
Date: February 22, 2011
Docket Number: 26931
Oblachinski v. Reynolds
Date: February 22, 2011
Docket Number: 26932
In the Matter of Elizabeth Mason Smith
Date: February 22, 2011
Docket Number: 26933
In the Matter of David Harrison Smith, II
Date: February 22, 2011
Docket Number: 26934
In the Matter of David F. Stoddard
Date: February 22, 2011
Docket Number: 26935
In the Matter of Marva Ann Hardee-Thomas
Date: February 22, 2011
Docket Number: 26936
Stinney v. Sumter School District
Date: February 14, 2011
Docket Number: 26928
EllisDon Construction v. Clemson University
Date: February 14, 2011
Docket Number: 26929
In the Matter of Scott Matthew Wild
Date: February 7, 2011
Docket Number: 26921
In the Matter of Donna Seegars Givens
Date: February 7, 2011
Docket Number: 26922
In the Matter of David C. Danielson
Date: February 7, 2011
Docket Number: 26923
In the Matter of J. Cameron Halford
Date: February 7, 2011
Docket Number: 26924
City of Cayce v. Norfolk Southern Railway
Date: February 7, 2011
Docket Number: 26925
State v. Smith
Date: February 7, 2011
Docket Number: 26926
State v. Sheppard
Date: February 7, 2011
Docket Number: 26927
Parson v. State
Date: January 31, 2011
Docket Number: 2011-MO-004
State v. Spratt
Date: January 31, 2011
Docket Number: 2011-MO-005
Wiegand v. USAA
Date: January 31, 2011
Docket Number: 26919
Gowdy v. Gibson
Date: January 31, 2011
Docket Number: 26920
Robinson v. Estate of Harris
Date: January 24, 2011
Docket Number: 26914
State v. Oxner
Date: January 24, 2011
Docket Number: 26915
SCDMV v. McCarson
Date: January 24, 2011
Docket Number: 26916
City of Rock Hill v. Harris
Date: January 24, 2011
Docket Number: 26917
Jackson v. Governor Mark Sanford
Date: January 24, 2011
Docket Number: 26918
State v. Lippard
Date: January 18, 2011
Docket Number: 2011-MO-003
SCDOT v. Horry County
Date: January 18, 2011
Docket Number: 26911
Henry-Davenport v. Fairfield County
Date: January 18, 2011
Docket Number: 26912
Travelscape v. SCDOR
Date: January 18, 2011
Docket Number: 26913
Countrywide v. Umbarger
Date: January 7, 2011
Docket Number: 2011-MO-001
Byrd v. Wausau
Date: January 7, 2011
Docket Number: 2011-MO-002
State v. Bryant
Date: January 7, 2011
Docket Number: 26906
In the Matter of Michael James Sarratt
Date: January 7, 2011
Docket Number: 26907
In the Matter of Heather Anne Glover
Date: January 7, 2011
Docket Number: 26908
Crossmann Communities v. Harleysville Mutual
Date: January 7, 2011
Docket Number: 26909
M&T Group v. Palmetto Point
Date: January 7, 2011
Docket Number: 26910
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