South Carolina Supreme Court Decisions 2012

In the Matter of Jeffery Glenn Smith
Date: December 28, 2012
Docket Number: 27204
In the Matter of John L. Drennan
Date: December 28, 2012
Docket Number: 27205
In the Matter of Ernest W. Cromartie, II
Date: December 28, 2012
Docket Number: 27206
MO-055 - Sheep Island Plantation v. Bar-Pen Investments
Date: December 19, 2012
Docket Number: 2012
South Carolina v. Brown  
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 seize...

State v. Wallace
Date: December 19, 2012
Docket Number: 27203
MO-051 - State v. Rocquemore
Date: December 12, 2012
Docket Number: 2012
Graves v. CAS Medical Systems
Date: December 12, 2012
Docket Number: 27168
In the Interest of Tracy B.
Date: December 12, 2012
Docket Number: 27199
In the Matter of Chad Brian Hatley
Date: December 12, 2012
Docket Number: 27200
Storm M. H. v. Charleston County Board of Trustees  
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 C...

Too Tacky Partnership v. SCDHEC
Date: December 5, 2012
Docket Number: 27198
MO-046 - Davis-Branch v. Solomon
Date: November 21, 2012
Docket Number: 2012
Harleysville Mutual v. South Carolina  
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 Resolution...

South Carolina v. Phillips  
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 Appea...

Priester v. Cromer  
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 S...

Sulton v. HealthSouth  
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 Colum...

In the Matter of Michael D. Shavo
Date: November 21, 2012
Docket Number: 27193
In the Matter of Frank L. Valenta, Jr.
Date: November 21, 2012
Docket Number: 27194
South Carolina v. Langford  
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 princ...

Terry v. Terry  
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 Sup...

Town of Mount Pleasant v. Chimento  
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. Pla...

MO-045 - Furtick v. State
Date: November 7, 2012
Docket Number: 2012
In the Matter of Greenwood County Magistrate Walter Martin  
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...

State v. Cooper
Date: November 7, 2012
Docket Number: 27184
Rutland v. SCDOT  
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...

Carson v. CSX Transportation  
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 certa...

Oskin v. Johnson  
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...

Savannah Bank v. Stalliard  
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...

Savannah Riverkeeper v. SCDHEC  
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...

MO-040 - State v. Sanders
Date: October 24, 2012
Docket Number: 2012
Historic Charleston v. City of Charleston  
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 2007-14...

MO-037 - State v. Evans
Date: October 10, 2012
Docket Number: 2012
Jennings v. Jennings  
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 d...

In the Matter of Patrick James Thomas Kelley
Date: October 10, 2012
Docket Number: 27178
In the Matter of Eleazer R. Carter
Date: October 10, 2012
Docket Number: 27179
South Carolina v. Daniels  
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 reversib...

Jenkins v. Few
Date: October 3, 2012
Docket Number: 27174
Carolina Park Associates v. Marino  
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 Repub...

South Carolina v. Black  
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 committ...

MO-036 - Harbin v. State
Date: September 26, 2012
Docket Number: 2012
Moore v. South Carolina  
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 ben...

Tempel v. So. Carolina Election Comm'n  
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 Thurmon...

Hutson v. SC State Ports Authority  
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...

MO-035 - Powell v. State
Date: September 12, 2012
Docket Number: 2012
Whitlock v. Stewart Title  
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...

Howard v. So. Carolina Dept. of Corrections  
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 conv...

MO-034 - Bryant v. State
Date: August 29, 2012
Docket Number: 2012
Ballard v. Roberson  
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...

In the Matter of Lawrence J. Purvis
Date: August 29, 2012
Docket Number: 27162
In the Matter of Christopher Lance Sheek
Date: August 29, 2012
Docket Number: 27163
In the Matter of William Ashley Boyd
Date: August 29, 2012
Docket Number: 27164
South Carolina v. Gracely  
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 co...

Arrow Bonding Company v. Warren  
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...

Fleming v. State
Date: August 29, 2012
Docket Number: 27167
Graves v. CAS Medical Systems  
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...

Dutch Fork Development v. SEL Properties  
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 a...

MO-032 - State v. Wylie
Date: August 15, 2012
Docket Number: 2012
RFT Management Co. v. Tinsley & Adams  
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 clos...

In the Matter of William Koatesworth Swope
Date: August 15, 2012
Docket Number: 27158
Doe v. State
Date: August 15, 2012
Docket Number: 27159
Mims v. Babcock Center  
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 co...

Weston v. Kim's Dollar Store  
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 C...

Alltel v. SCDOR  
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"...

In the Matter of George Thomas Samaha, III
Date: August 1, 2012
Docket Number: 27149
In the Matter of George E. Lafaye, III
Date: August 1, 2012
Docket Number: 27150
In the Matter of Charles Thomas Brooks, III
Date: August 1, 2012
Docket Number: 27151
In the Matter of Robert E. Hemingway, Sr.
Date: August 1, 2012
Docket Number: 27152
Bone v. U.S. Food Service  
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 an...

Milliken & Company v. Morin  
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 inv...

Adoptive Couple v. Cherokee Nation  
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 f...

MO-030 - State v. Green
Date: July 25, 2012
Docket Number: 2012
BAC Home Loan Servicing, L.P. v. Kinder  
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 as...

SC Farm Bureau v. Kennedy  
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...

MO-029 - Ophthalmology Assoc v. Budev
Date: July 18, 2012
Docket Number: 2012
In the Matter of Verdell Barr
Date: July 18, 2012
Docket Number: 27144
Johnson v. Rent-A-Center  
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 Responden...

Bentley v. Spartanburg County  
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 attempte...

Fountain v. First Reliance Bank  
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 ventur...

South Carolina v. Whitner  
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. Appell...

Bradley v. Brentwood Homes  
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 Petition...

In the Matter of Gloria Leevy
Date: June 27, 2012
Docket Number: 27137
Freemantle v. Preston  
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 1...

Dutch Fork Development v. SEL Properties  
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 Fo...

In the Matter of the Care and Treatment of Bobbie Manigo  
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 cont...

South Carolina v. Salley  
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 allo...

Argabright v. Argabright  
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 enj...

Scruggs v. State
Date: June 13, 2012
Docket Number: 2012-MO-022
Nationwide Mutual v. Rhoden  
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 Responden...

In the Matter of Paul Archer
Date: June 13, 2012
Docket Number: 27132
In the Matter of Brian Austin Katonak
Date: June 13, 2012
Docket Number: 27133
Lomonaco v. Myrtle Beach Resort Homeowners' Association
Date: June 6, 2012
Docket Number: 2012-MO-019
DeShields Grading vv. Ford Trust
Date: June 6, 2012
Docket Number: 2012-MO-020
Tessner v. Stateq
Date: June 6, 2012
Docket Number: 2012-MO-021
South Carolina v. Tapp  
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 thirty...

South Carolina v. Liverman  
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 ref...

Florence County Democratic Party v. Florence County Republican Party  
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 prima...

Rikard v. State
Date: May 30, 2012
Docket Number: 2012-MO-017
Law Offices of Green v. Roper
Date: May 30, 2012
Docket Number: 2012-MO-018
State v. Fastiggi
Date: May 23, 2012
Docket Number: 2012-MO-016
Atlantic Coast Builders and Contractors v. Lewis  
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...

Neeltec Enterprises v. Long  
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 ha...

Goins v. South Carolina  
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 ten-y...

South Carolina v. Ellis  
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 du...

Lloyd v. State
Date: May 9, 2012
Docket Number: 2012-MO-012
Shelton v. State
Date: May 9, 2012
Docket Number: 2012-MO-013
Brown v. State
Date: May 9, 2012
Docket Number: 2012-MO-014
Squires v. SLED
Date: May 9, 2012
Docket Number: 2012-MO-015
In the Matter of Christopher Blakeslee Roberts
Date: May 9, 2012
Docket Number: 27121
South Carolina v. Binnarr  
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 regar...

Eldridge v. Eldridge  
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 wh...

South Carolina v. Dykes  
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 f...

Grier v. AMISUB  
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...

Ex parte: Cannon v. Estate of James Brown  
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, a...

Anderson v. South Carolina Election Commission
Date: May 2, 2012
Docket Number: 27120
Hall v. Rodriquez
Date: April 25, 2012
Docket Number: 2012-MO-011
In the Matter of Kenneth Gary Cooper
Date: April 25, 2012
Docket Number: 27116
In the Matter of Michael E. Atwater
Date: April 25, 2012
Docket Number: 27117
State v. Herb
Date: April 11, 2012
Docket Number: 2012-MO-007
McCray v. State
Date: April 11, 2012
Docket Number: 2012-MO-008
Longshore v. SLED
Date: April 11, 2012
Docket Number: 2012-MO-009
State v. Kelly
Date: April 11, 2012
Docket Number: 2012-MO-010
Fairchild v. SCDOT  
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 af...

City of North Myrtle Beach v. East Cherry Grove Realty  
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:...

Bell v. SCDC  
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 Cour...

Hook Point v. Branch Banking  
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,...

State v. Carroll
Date: April 4, 2012
Docket Number: 2012-MO-006
SCDOR v. Blue Moon  
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 Depart...

16 Jade Street v. R. Design Construction  
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...

South Carolina v. Green  
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 conte...

Bayly v. South Carolina  
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...

South Carolina v. Whitesides  
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 convicte...

Young v. Charleston County School District  
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...

Blash v. State
Date: March 28, 2012
Docket Number: 2012-MO-005
Channel Group v. Abbott
Date: March 21, 2012
Docket Number: 2012-MO-004
South Carolina v. Latimore  
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 Ge...

Yelsen Land Company v. South Carolina  
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, subm...

Narciso v. South Carolina  
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. Follo...

Hyman v. South Carolina  
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 distributi...

Adams v. SC Lightning Protection, Inc
Date: March 7, 2012
Docket Number: 2012-MO-001
Wells v. SCDSS
Date: March 7, 2012
Docket Number: 2012-MO-002
Rachels v. Kelly
Date: March 7, 2012
Docket Number: 2012-MO-003
Murphy v. SCDHEC  
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 w...

McLeod v. Starnes  
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,...

In the Matter of William H. Jordan
Date: March 7, 2012
Docket Number: 27101
South Carolina v. Sterling  
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 f...

Plaintiff v. Defendant
Date: February 29, 2012
Docket Number: 27097
In the Matter of William R. Taylor
Date: February 29, 2012
Docket Number: 27098
SCDC v. Cartrette
Date: February 22, 2012
Docket Number: 27094
Knight v. Austin
Date: February 22, 2012
Docket Number: 27095
In the Matter of William G. Mayer
Date: February 15, 2012
Docket Number: 27093
In the Matter of John Barry Kern
Date: February 1, 2012
Docket Number: 27088
In the Matter of Jennifer Elizabeth Meehan
Date: February 1, 2012
Docket Number: 27089
In the Matter of Dannitte Mays Dickey
Date: February 1, 2012
Docket Number: 27090
In the Matter of Wallace A. Mullinax, Jr
Date: February 1, 2012
Docket Number: 27091
Chisholm v. Chisholm  
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...

Graham Law Firm v. Makawi  
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...

In the Matter of Ivan James Toney
Date: January 17, 2012
Docket Number: 27087
Grimsley v. So. Carolina Law Enforcement Div.  
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 pa...

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