South Carolina Supreme Court Decisions 2014

State v. Price
Date: December 23, 2014
Docket Number: 27470
In the Matter of Benjamin Jackson Baldwin
Date: December 23, 2014
Docket Number: 27471
State v. Fripp
Date: December 23, 2014
Docket Number: 27472
South Carolina v. Kinloch  
Date: December 23, 2014
Docket Number: 27473

Justia Opinion Summary: Respondent Bryant Kinloch was charged with trafficking cocaine, trafficking heroin, and possession with intent to distribute heroin within proximity of a park after law enforcement obtained a search warrant and discovere...

Carmax Auto v. South Carolina Dept. of Rev.  
Date: December 23, 2014
Docket Number: 27474

Justia Opinion Summary: Both CarMax Auto Superstores West Coast, Inc., and the South Carolina Department of Revenue (appealed the court of appeals' decision, reversing and remanding a decision of the Administrative Law Court (ALC) upholding the...

MO-049 - Sanders v. State
Date: December 17, 2014
Docket Number: 2014
MO-047 - Lucas v. State
Date: December 10, 2014
Docket Number: 2014
Kiawah Development v. South Carolina Dept. of Health & Env. Ctrl.  
Date: December 10, 2014
Docket Number: 27065

Justia Opinion Summary: The issue this case presented for the South Carolina Supreme Court's review centered on the correct application of those statutes and regulations pertinent to an invaluable (environmentally, economically, and socially) s...

South Carolina Dept. of Trans. v. Revels  
Date: December 10, 2014
Docket Number: 27469

Justia Opinion Summary: After prevailing in a condemnation action, petitioners-landowners moved for an award of attorneys' fees pursuant to section 28-2-510(B)(1) of the Eminent Domain Procedure Act. Contrary to petitioners' view, the circuit c...

MO-046 - Taylor v. Converse College
Date: December 3, 2014
Docket Number: 2014
Buist v. Buist  
Date: December 3, 2014
Docket Number: 27468

Justia Opinion Summary: Husband Michael Buist and Wife Katie Buist married in 1999 and had one child. In 2007, Wife filed for divorce, seeking, inter alia, attorneys' fees and costs. In 2009, the family court granted the couple a divorce on the...

In the Matter of Cynthia E. Collie
Date: November 26, 2014
Docket Number: 27467
In the Matter of Vincent Neal Way  
Date: November 12, 2014
Docket Number: 27444

Justia Opinion Summary: In 1993, Way pled guilty to committing a lewd act on a minor. The victim was Way's 13-year-old niece, who was spending the night with Way (who was then about 28 years old) and his wife. Way was sentenced to ten years in...

Nucor v. SCDEW  
Date: November 12, 2014
Docket Number: 27462

Justia Opinion Summary: Respondent Kimberly Legette was employed by Appellant Nucor Corporation from 1998, through 2010. Nucor terminated Legette's employment after she failed a random on-site drug test in violation of Nucor's drug policy. Alth...

South Carolina v. Robinson  
Date: November 12, 2014
Docket Number: 27463

Justia Opinion Summary: Petitioner Jomar Robinson appealed the court of appeals' decision to affirm his convictions for possession of crack cocaine with intent to distribute (PWID), PWID within one-half mile of a public park, unlawful carrying...

State v. Lane
Date: November 12, 2014
Docket Number: 27464
Aiken v. Byars  
Date: November 12, 2014
Docket Number: 27465

Justia Opinion Summary: Fifteen inmates who were sentenced to life without parole as juveniles petitioned the South Carolina Supreme Court for resentencing in light of the United States Supreme Court's decision in "Miller v. Alabama," (132 S. C...

Abbeville County School District v. South Carolina  
Date: November 12, 2014
Docket Number: 27466

Justia Opinion Summary: The plaintiffs, including eight South Carolina school districts, claimed that the State has failed to meet the constitutional obligation that there be a system of free public schools that affords each student the opportu...

000965 - 1634 Main v. Hammer
Date: November 6, 2014
Docket Number: 2014
MO-044 - Trout v. State
Date: October 29, 2014
Docket Number: 2014
Bordeaux v. South Carolina  
Date: October 29, 2014
Docket Number: 27457

Justia Opinion Summary: The South Carolina Supreme Court granted certiorari in this post-conviction relief (PCR) action to review the Court of Appeals' decision, which remanded for a determination of the lawfulness of Antonio Bordeaux's sentenc...

SC Property v. Brock  
Date: October 29, 2014
Docket Number: 27458

Justia Opinion Summary: Roger Brock was passenger in a vehicle driven by Brian Mason, which was involved in an accident with a logging truck, driven by Ryan Stevens. At the time of the accident, Stevens was insured through the owner of the logg...

In the Matter of Nathan Jardine
Date: October 29, 2014
Docket Number: 27459
Fabian v. Lindsay  
Date: October 29, 2014
Docket Number: 27460

Justia Opinion Summary: Appellant Erika Fabian brought this action for legal malpractice and breach of contract by a third-party beneficiary, alleging respondents attorney Ross M. Lindsay, III and his law firm Lindsay & Lindsay made a drafting...

State v. Heller
Date: October 29, 2014
Docket Number: 27461
MO-040 - State v. Epting
Date: October 22, 2014
Docket Number: 2014
Jamison v. South Carolina  
Date: October 22, 2014
Docket Number: 27454

Justia Opinion Summary: Respondent Matthew Jamison pled guilty to voluntary manslaughter and was sentenced to twenty years in prison. He did not petition for a direct appeal. Respondent's first application for post-conviction relief (PCR) was d...

AJG Holdings v. Dunn
Date: October 22, 2014
Docket Number: 27455
SC Energy Users Committee v. SCE&G  
Date: October 22, 2014
Docket Number: 27456

Justia Opinion Summary: Appellants the South Carolina Energy Users Committee (the SCEUC) and the Sierra Club appealed orders of the Public Service Commission that approved Respondent South Carolina Electric & Gas's (SCE&G) application for updat...

MO-038 - Watts v. State
Date: October 15, 2014
Docket Number: 2014
In the Matter of William Thomas Moody
Date: October 15, 2014
Docket Number: 27453
MO-037 - Adams v. Amisub of SC
Date: October 8, 2014
Docket Number: 2014
South Carolina v. Coaxum  
Date: October 8, 2014
Docket Number: 27452

Justia Opinion Summary: The State appealed the court of appeals' decision to reverse the convictions of respondent William Coaxum, Sr., who was found guilty of armed robbery and possession of a firearm during the commission of a violent crime....

Wilkinson v. East Cooper
Date: October 3, 2014
Docket Number: 27423
MO-036 - Abney v. State
Date: October 1, 2014
Docket Number: 2014
In the Matter of Shirley Johnson
Date: October 1, 2014
Docket Number: 27449
D. R. Horton, Inc. v. Wescott Land Company
Date: October 1, 2014
Docket Number: 27450
In the Matter of Eric Reed Martin
Date: October 1, 2014
Docket Number: 27451
Brown v. Baby Girl Harper  
Date: September 29, 2014
Docket Number: 27448

Justia Opinion Summary: Birth Mother was twenty-three years old when she learned that she was pregnant very late in the pregnancy. She received no prenatal care. She did not tell her parents she was pregnant, even though she lived with them. Sh...

South Carolina v. Sams  
Date: September 24, 2014
Docket Number: 27447

Justia Opinion Summary: Desmond Sams was convicted of voluntary manslaughter after he strangled the victim, Jake Frazier, during an altercation. Sams appealed, arguing the circuit court erred in denying his request to instruct the jury on invol...

MO-035 - Elkachbendi v. Elkachbendi
Date: September 17, 2014
Docket Number: 2014
Major v. City of Hartsville  
Date: September 17, 2014
Docket Number: 27446

Justia Opinion Summary: Petitioner Alberta Major fell and sustained an ankle injury while walking across an unpaved area of an intersection, which was owned and maintained by respondent City of Hartsville. Petitioner asserted her injury was a r...

South Carolina v. Adams  
Date: September 10, 2014
Docket Number: 27445

Justia Opinion Summary: Officers from the North Charleston South Carolina Police Department (NCPD),believed Petitioner Alfred Adams was a drug dealer. Acting without a warrant, officers placed a Global Positioning System (GPS) device on petitio...

In the Matter of Mark Andrew Peper
Date: September 3, 2014
Docket Number: 27441
Levy v. Carolinian, LLC  
Date: September 3, 2014
Docket Number: 27442

Justia Opinion Summary: Carolinian, LLC was a closely held, manager-managed South Carolina limited liability company owned and managed various hotel and rental properties in Horry County. In February 2010, Appellants Shaul and Meir Levy obtaine...

In the Matter of Gilbert Gonzalez
Date: September 3, 2014
Docket Number: 27443
In the Matter of Vincent Neal Way
Date: September 3, 2014
Docket Number: 27444
South Carolina v. Sawyer  
Date: August 27, 2014
Docket Number: 27393

Justia Opinion Summary: The Court granted the State's petition for a writ of certiorari to review an unpublished Court of Appeals decision that affirmed the circuit court's suppression of respondent Philip Sawyer's breath test results and video...

Whigham v. Jackson Dawson Communications  
Date: August 27, 2014
Docket Number: 27440

Justia Opinion Summary: Stephen Whigham was injured playing kickball during an event he organized for his employer, Jackson Dawson Communications. He filed a claim for workers' compensation. The commissioner denied the claim because she found t...

MO-034 - Clark v. Moore
Date: August 20, 2014
Docket Number: 2014
Stevens & Wilkinson of South Carolina, Inc. v. City of Columbia  
Date: August 20, 2014
Docket Number: 27433

Justia Opinion Summary: In April 2003, the City of Columbia entered into a Memorandum of Understanding (MOU) with Stevens & Wilkinson of South Carolina, Inc. (S&W) and several other parties, to develop a publicly-funded hotel adjacent to the Co...

Stevens & Wilkinson of South Carolina, Inc. v. City of Columbia  
Date: August 20, 2014
Docket Number: 27434

Justia Opinion Summary: The respondents, two developers and an architectural firm, Stevens & Wilkinson of South Carolina, Inc. (S&W), entered into a Memorandum of Understanding (MOU) with the City of Columbia as part of a larger project team to...

Williams v. GEICO  
Date: August 20, 2014
Docket Number: 27435

Justia Opinion Summary: Delores Williams, the personal representative of the Estate of Edward Murry, and Matthew Whitaker, Jr., the personal representative of the Estate of Annie Mae Murry (PRs), brought a declaratory judgment action to determi...

Hansen v. Fields Company  
Date: August 20, 2014
Docket Number: 27436

Justia Opinion Summary: The events giving rise to this lawsuit involved numerous individuals and corporate entities. Briefly: plaintiff Clifford Hansen was introduced to Robert Fields and through Fields engaged the services of Beechwood Advisor...

Sloan v. SCDOR  
Date: August 20, 2014
Docket Number: 27437

Justia Opinion Summary: After the South Carolina Department of Revenue (DOR) failed to produce public documents requested by Appellant Edward D. Sloan, Jr., Sloan filed s Freedom of Information Act (FOIA) action against DOR and its director, Ja...

Malloy v. Thompson  
Date: August 20, 2014
Docket Number: 27438

Justia Opinion Summary: This action stems from a dispute between plaintiff James Robert Malloy and Swain R. Thompson, regarding assets of Robert L. Chamblee (Decedent). The complaint alleged that Thompson, with the assistance of Merrill Lynch,...

South Carolina v. Collins  
Date: August 20, 2014
Docket Number: 27439

Justia Opinion Summary: Respondent Bentley Collins was convicted of involuntary manslaughter and three counts of owning a dangerous animal causing injury to a person after a ten-year-old boy was killed and partially eaten by his dogs, most of w...

MO-033 - Johnson v. State
Date: August 13, 2014
Docket Number: 2014
Ferguson Fire v. Preferred Fire
Date: August 13, 2014
Docket Number: 27410
In the Matter of Alma Defillo
Date: August 13, 2014
Docket Number: 27431
In the Matter of Eric J. Davidson
Date: August 13, 2014
Docket Number: 27432
Brouwer v. Sisters of Charity Providence  
Date: August 6, 2014
Docket Number: 27427

Justia Opinion Summary: Patricia Brouwer challenged the circuit court's order dismissing her medical malpractice case for failure to file an expert witness affidavit with her Notice of Intent to File Suit ("NOI") pursuant to section 15-79-125 o...

In the Matter of Former Abbeville County Magistrate George T. Ferguson  
Date: August 6, 2014
Docket Number: 27428

Justia Opinion Summary: In this judicial disciplinary matter, respondent Former Abbeville County Magistrate George Ferguson and the Office of Disciplinary Counsel have entered into an Agreement for Discipline by Consent. Respondent was indicted...

Davis v. Parkview Apartments  
Date: August 6, 2014
Docket Number: 27429

Justia Opinion Summary: "The Record in this case is voluminous, and illustrates the complex and, at times, contentious nature of these proceedings. The circuit judge presided over numerous motion hearings and issued numerous orders over the cou...

In the Interest of Kevin R.  
Date: August 6, 2014
Docket Number: 27430

Justia Opinion Summary: The State charged appellant "Kevin R." with possessing a weapon on school grounds. Prior to his adjudicatory hearing before a family court judge, Appellant moved for a jury trial on the grounds the federal and state Con...

MO-032 - Patton v. State
Date: July 30, 2014
Docket Number: 2014
State Accident Fund v. SC Second Injury Fund  
Date: July 30, 2014
Docket Number: 27424

Justia Opinion Summary: Claimant Johnny Adger suffered an accidental injury to his left knee on while working as a police officer with the Manning Police Department. As a result, he was treated using various non-operative methods, including ste...

In the Matter of Robert P. Taylor
Date: July 30, 2014
Docket Number: 27425
In the Matter of James W. Smiley
Date: July 30, 2014
Docket Number: 27426
MO-031 - Holland v. Witherspoon
Date: July 23, 2014
Docket Number: 2014
Ashley II v. PCS Nitrogen  
Date: July 23, 2014
Docket Number: 27420

Justia Opinion Summary: In approximately twenty years PCS Nitrogen, Inc. contributed to environmental contamination by manufacturing fertilizer and disturbing contaminated soil during various demolition activities. In 2003, Ashley II of Charles...

Weik v. South Carolina  
Date: July 23, 2014
Docket Number: 27421

Justia Opinion Summary: John Weik was convicted of murdering his former girlfriend following an argument over the couple's child. He confessed to the shooting and cooperated with law enforcement. There was never any dispute regarding guilt. Dur...

Ranucci v. Crain  
Date: July 23, 2014
Docket Number: 27422

Justia Opinion Summary: Shannon Ranucci appealed the circuit court's order dismissing her medical malpractice case for failing to contemporaneously file an expert witness affidavit with her Notice of Intent to File Suit ("NOI") pursuant to sect...

Wilkinson v. East Cooper Community Hospital  
Date: July 23, 2014
Docket Number: 27423

Justia Opinion Summary: In this medical malpractice case, Vicki Wilkinson appealed the circuit court's dismissal of her civil action with prejudice based on the motions filed by respondents East Cooper Community Hospital, Inc., Carolina Aesthet...

MO-030 - State v. Murray
Date: July 16, 2014
Docket Number: 2014
In the Interest of Stephen W.  
Date: July 16, 2014
Docket Number: 27413

Justia Opinion Summary: In August 2012, then-sixteen-year-old Appellant Stephen W. was charged with possession of marijuana. At the adjudicatory hearing, Appellant moved for a jury trial, claiming that he was entitled to a jury trial under the...

In the Matter of William Jones Rivers, III
Date: July 16, 2014
Docket Number: 27414
South Carolina v. Hewins  
Date: July 16, 2014
Docket Number: 27415

Justia Opinion Summary: Erick Hewins appealed his conviction for possession of crack cocaine. Hewins argued on appeal that the circuit court judge erred in ruling he was collaterally estopped from challenging the search of his vehicle, which pr...

State v. Wills
Date: July 16, 2014
Docket Number: 27416
Board of Trustees for the Fairfield County School District v. South Carolina  
Date: July 16, 2014
Docket Number: 27417

Justia Opinion Summary: For about forty years, 100 and 200 children residing in the Mitford Community of Fairfield County have been attending Chester County School District (CCSD) schools in the Great Falls area of Chester County. The CCSD scho...

South Carolina v. Ramsey  
Date: July 16, 2014
Docket Number: 27418

Justia Opinion Summary: In early 2006, Deputy Chris Farrell responded to a domestic call at the home of defendant James Ramsey's estranged wife (Wife). Farrell interviewed both parties and noticed a bruise on Wife's hand, which she indicated wa...

Perry v. Bullock  
Date: July 16, 2014
Docket Number: 27419

Justia Opinion Summary: The issue this case presented to the Supreme Court was whether autopsy reports are "medical records" under Section 30-4-20(c) of the South Carolina Code (2007), and therefore exempt from disclosure under the South Caroli...

MO-027 - State v. Wilson
Date: July 9, 2014
Docket Number: 2014
Ferguson Fire v. Preferred Fire  
Date: July 9, 2014
Docket Number: 27410

Justia Opinion Summary: This case arose out of plaintiff Ferguson Fire's efforts to obtain payment for materials it supplied to defendant Preferred Fire Protection, LLC for defendant Immedion's data center. In 2007, Immedion, a telecommunicatio...

South Carolina v. Hill  
Date: July 9, 2014
Docket Number: 27411

Justia Opinion Summary: Appellant Bruce Hill was convicted of two murders and first-degree burglary, arising from a home invasion and double homicide in Horry County in 2005. He received concurrent life sentences for the murders and a concurren...

Harrell v. Attorney General of South Carolina  
Date: July 9, 2014
Docket Number: 27412

Justia Opinion Summary: On February 14, 2013, the Attorney General received an ethics complaint, alleging possible violations of the Ethics Act by the Speaker of the House of Representatives, Robert W. Harrell, Jr. The complaint was originally...

MO-021 - Tahaei v. Tahaei
Date: July 2, 2014
Docket Number: 2014
South Carolina v. Wessinger  
Date: July 2, 2014
Docket Number: 27404

Justia Opinion Summary: Appellant pled guilty to two counts of indecent exposure and was sentenced to two consecutive three-year terms, with credit for 253 days already served. Appellant contended the trial court erred in denying his request fo...

South Carolina v. Burgess  
Date: July 2, 2014
Docket Number: 27405

Justia Opinion Summary: Lawrence Burgess was convicted of possession of crack cocaine with intent to distribute and sentenced to three years in prison and ordered to pay a $25,000 fine. The Court of Appeals affirmed. Following the denial of his...

Crossland v. Crossland  
Date: July 2, 2014
Docket Number: 27406

Justia Opinion Summary: Appellant-wife Shirley Crossland contended on appeal to the Supreme Court that the court of appeals erred in reversing the family court's award of alimony, in modifying the equitable division of the marital estate, and i...

South Carolina v. Reid  
Date: July 2, 2014
Docket Number: 27407

Justia Opinion Summary: Appellant Donta Reid challenged the trial court's failure to suppress his confession, arguing it was obtained in violation of his Sixth Amendment right to counsel. The Supreme Court disagreed, finding the facts of this c...

South Carolina v. Nation  
Date: July 2, 2014
Docket Number: 27408

Justia Opinion Summary: Appellant Anthony Nation appealed a circuit court's decision to statutorily impose lifetime global positioning satellite (GPS) monitoring on him due to his prior guilty plea for a sex offense with a minor and subsequent...

In the Matter of Kenneth B. Massey
Date: July 2, 2014
Docket Number: 27409
Kirven v. Central States  
Date: June 25, 2014
Docket Number: 27403

Justia Opinion Summary: The South Carolina Supreme Court answered certified two questions from the U.S. District Court for the District of South Carolina. The case concerned supplemental health insurance policies, which differ from ordinary hea...

MO-018 - Richland County v. Hull
Date: June 18, 2014
Docket Number: 2014
In the Matter of Kristie Ann McAuley
Date: June 18, 2014
Docket Number: 27399
Lambries v. Saluda County Council  
Date: June 18, 2014
Docket Number: 27400

Justia Opinion Summary: In 2008, at a regularly scheduled meeting of the Saluda County Council, a motion was made and seconded to amend the posted agenda to take up a resolution. Both the motion and the resolution were voted upon and passed una...

Dean v. Heritage Healthcare  
Date: June 18, 2014
Docket Number: 27401

Justia Opinion Summary: Appellants Heritage Healthcare of Ridgeway, LLC, Uni-Health Post-Acute Care - Tanglewood, LLC (Tanglewood), and UHS-Pruitt Corporation (collectively, Appellants) ask this Court to reverse the circuit court's denial of th...

South Carolina v. Inman  
Date: June 18, 2014
Docket Number: 27402

Justia Opinion Summary: Appellant Damien Inman was convicted and sentenced to life without the possibility of parole for the robbery, kidnapping, and murder of Mary Stutts. Appellant was seventeen years old at the time of the crimes. On appeal,...

McCoy v. Greenwave Enterprises  
Date: June 11, 2014
Docket Number: 27397

Justia Opinion Summary: This case centered on a claim for equitable indemnification, which was denied by the trial court. Appellants were sued by adjacent property owners regarding environmental contamination. Appellants denied responsibility f...

5 Star v. Ford Motor  
Date: June 11, 2014
Docket Number: 27398

Justia Opinion Summary: Petitioner 5 Star, Inc. is a lawn maintenance and pressure washing company owned by Stan Shelby. In February 2005, 5 Star purchased a used 1996 Ford F-250 pickup truck. Several months later, Shelby parked the truck for t...

MO-015 - Watts v. Sonic Automotive
Date: June 4, 2014
Docket Number: 2014
South Carolina v. Sawyer  
Date: June 4, 2014
Docket Number: 27393

Justia Opinion Summary: The Court granted the State's petition for a writ of certiorari to review an unpublished Court of Appeals decision that affirmed the circuit court's suppression of respondent Philip Sawyer's breath test results and video...

Horry Telephone v. City of Georgetown  
Date: June 4, 2014
Docket Number: 27394

Justia Opinion Summary: Appellant, Horry Telephone Cooperative Inc. (HTC), is a telecommunications company providing services in the Georgetown and Horry County areas. In 2007, as required by the South Carolina Competitive Cable Services Act, H...

Holmes v. Haynsworth, Sinkler & Boyd  
Date: June 4, 2014
Docket Number: 27395

Justia Opinion Summary: Appellant Cynthia Holmes, M.D. appealed a circuit court's grant of a directed verdict on her malpractice claim in favor of respondents Haynsworth, Sinkler & Boyd, P.A., Manton Grier, and James Becker, and award of sanct...

Town of Hilton Head Island v. Kigre, Inc.  
Date: June 4, 2014
Docket Number: 27396

Justia Opinion Summary: This direct appeal involved a constitutional challenge to the Town of Hilton Head Island's business license tax ordinance, which required businesses within the Town to pay an annual license fee based upon a business's cl...

MO-013 - South v. South
Date: May 28, 2014
Docket Number: 2014
In the Matter of Bruce Hoffman
Date: May 28, 2014
Docket Number: 27388
In the Matter of David Swanner
Date: May 28, 2014
Docket Number: 27389
State v. Cheeks
Date: May 28, 2014
Docket Number: 27390
Allegro v. Scully
Date: May 28, 2014
Docket Number: 27391
Tant v. South Carolina Dept. of Corrections  
Date: May 28, 2014
Docket Number: 27392

Justia Opinion Summary: Following his conviction for one count of assault and battery of a high and aggravated nature (ABHAN), one count of possession of a dangerous animal, and multiple counts of animal fighting, David Tant was remanded to the...

MO-012 - James v. SCDPPPS
Date: May 14, 2014
Docket Number: 2014
York County v. SCDHEC
Date: May 14, 2014
Docket Number: 27387
In the Interest of Jane Doe  
Date: April 30, 2014
Docket Number: 27385

Justia Opinion Summary: Jane Doe appealed a family court's order declaring her to be a "vulnerable adult" and in need of protective services pursuant to the South Carolina Omnibus Adult Protection Act. Doe contended the South Carolina Departmen...

SC Libertarian Party v. SC Election Commission  
Date: April 24, 2014
Docket Number: 27384

Justia Opinion Summary: The South Carolina Libertarian Party sought a declaratory judgment to determine whether the Equal Access to the Ballot Act was in effect. If the Court determined the Act was effective, the Party requested that the South...

MO-011 - Ferrell v. SCCPPPS
Date: April 23, 2014
Docket Number: 2014
Johnson v. Lloyd
Date: April 23, 2014
Docket Number: 27383
MO-010 - Davidson v. City of Beaufort
Date: April 16, 2014
Docket Number: 2014
Amisub v. SCDHEC  
Date: April 14, 2014
Docket Number: 27382

Justia Opinion Summary: Ten health care entities, along with the South Carolina Hospital Association and the South Carolina Health Care Association sought a declaration from the Supreme Court that the South Carolina Department of Health and Hum...

South Carolina v. Hackshaw  
Date: April 9, 2014
Docket Number: 27375

Justia Opinion Summary: This case involves the payment of attorney's fees and expenses to attorneys, Appellant Tara Dawn Shurling and co-counsel, who were court-appointed to represent an indigent charged with multiple criminal offenses. Shurlin...

Lord v. D & J Enterprises  
Date: April 9, 2014
Docket Number: 27376

Justia Opinion Summary: Appellant Ida Lord appealed the circuit court's order granting summary judgment in favor of D & J Enterprises, Inc., d/b/a Cash on the Spot ("D & J"). Lord argued on appeal that the circuit court erred in: (1) finding th...

In the Matter of Charles Berger
Date: April 9, 2014
Docket Number: 27377
In the Matter of Amelia Lorenz
Date: April 9, 2014
Docket Number: 27378
Kerr v. BB&T  
Date: April 9, 2014
Docket Number: 27379

Justia Opinion Summary: In a consolidated appeal, the plaintiffs from four separate actions (collectively, Appellants) ask the Supreme Court to reverse the trial court's order granting a motion to dismiss in favor of respondents Branch Banking...

Dawkins v. Union Hospital  
Date: April 9, 2014
Docket Number: 27380

Justia Opinion Summary: Appellant Sarah Dawkins appealed the trial court's decision to grant Union Hospital District d/b/a Wallace Thomson Hospital's (the Hospital) motion to dismiss with prejudice and finding that Appellant was required to com...

Bell v. Progressive Direct Insurance  
Date: April 9, 2014
Docket Number: 27381

Justia Opinion Summary: Petitioner was injured in a car accident while riding as a passenger in a vehicle driven by a co-employee. The liability limits of the at-fault driver were tendered, and there was no underinsured motorist (UIM) coverage...

Lee v. University of South Carolina  
Date: April 2, 2014
Docket Number: 27372

Justia Opinion Summary: The issue this case presented to the Supreme Court started from an agreement between Respondents, the University of South Carolina and the University Gamecock Club, and Appellant George M. Lee, III. In exchange for Appel...

Green v. USAA  
Date: April 2, 2014
Docket Number: 27373

Justia Opinion Summary: Appellant Dorris Green, representing his child who was injured while a passenger in his mother's automobile, contended that as a matter of public policy the courts of South Carolina should refuse to recognize the validit...

Catawba Indian Nation v. South Carolina  
Date: April 2, 2014
Docket Number: 27374

Justia Opinion Summary: The Catawba Indian Nation brought a declaratory judgment action against the State (and Mark Keel) to determine the effect of the Gambling Cruise Act on its gambling rights. The circuit court granted summary judgment to t...

SCDSS v. Michelle G.  
Date: March 27, 2014
Docket Number: 27371

Justia Opinion Summary: In an expedited appeal, Michelle G. challenged the termination of her parental rights to two of her three sons. The family court terminated her rights as to two, and denied the mother's motion to dismiss on grounds that...

MO-009 - North American Rescue v. P.J. Richardson
Date: March 26, 2014
Docket Number: 2014
Stevens Aviation v. DynCorp International  
Date: March 26, 2014
Docket Number: 27369

Justia Opinion Summary: The issue before the Supreme Court in this case centered on whether a subcontract for the maintenance of aircraft required a contractor to turn to a subcontractor for all maintenance the contractor needs to fulfill a con...

Holmes v. East Cooper Community Hospital  
Date: March 26, 2014
Docket Number: 27370

Justia Opinion Summary: Appellant Cynthia Holmes, MD was previously a member of the consulting medical staff of the Respondent East Cooper Community Hospital, Inc. During the relevant time period, Appellant was a member of the Hospital's medica...

MO-007 - Hammer v. Hammer
Date: March 19, 2014
Docket Number: 2014
In the Matter of Charles Rider  
Date: March 19, 2014
Docket Number: 27367

Justia Opinion Summary: The Supreme Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in "Rider v. Estate of Rider," (713 S.E.2d 643 (Ct. App. 2011)), which applied the common law of agency to hold...

Walker v. South Carolina  
Date: March 19, 2014
Docket Number: 27368

Justia Opinion Summary: The circuit court granted petitioner Joseph Walker's request for post-conviction relief on the ground that his trial counsel rendered ineffective assistance for failing to investigate a potential alibi witness. The court...

MO-006 - CitiMortgage v. Smith
Date: March 12, 2014
Docket Number: 2014
Engaging & Guarding Laurens County's Environment v. South Carolina Dept. of Health and Environmental Control  
Date: March 12, 2014
Docket Number: 27362

Justia Opinion Summary: The issue before the Supreme Court in this appeal centered on a court of appeals' decision to reverse the administrative law court's (ALC) final order, which reversed and denied the South Carolina Department of Health an...

Springob v. University of South Carolina  
Date: March 12, 2014
Docket Number: 27363

Justia Opinion Summary: In anticipation of the opening of the University of South Carolina's new basketball arena, the University of South Carolina and the University of South Carolina Gamecock Club distributed a brochure to high-level Gamecock...

Pallares v. Seinar  
Date: March 12, 2014
Docket Number: 27364

Justia Opinion Summary: "Appellant and the Respondents are neighbors who obviously do not get along." Appellant Ursula Pallares brought suit alleging five claims against two of her neighbors, respondents Sharon Seinar and Lisa Maseng. Pallares...

South Carolina v. Butler  
Date: March 12, 2014
Docket Number: 27365

Justia Opinion Summary: Petitioner Beulah Butler appealed the court of appeals' decision to affirm her convictions for voluntary manslaughter and possession of a firearm or a knife during the commission of a violent crime. She claimed appellate...

EAGLE v. DHEC
Date: March 12, 2014
Docket Number: 27366
In the Matter of Philip Earle Williams
Date: March 5, 2014
Docket Number: 27361
Robinson v. South Carolina  
Date: February 26, 2014
Docket Number: 27357

Justia Opinion Summary: Petitioner Clarence Robinson appealed his conviction for armed robbery and possession of a firearm during the commission of a violent crime. He claimed the trial court erred in finding the police had a reasonable, articu...

South Carolina v. Middleton  
Date: February 26, 2014
Docket Number: 27358

Justia Opinion Summary: Appellant Quashon Middleton was convicted on two counts of attempted murder and one count of possession of a weapon while committing a violent crime. Appellant pulled alongside his victims' stopped car one day in 2010 on...

Wachovia Bank v. Blackburn  
Date: February 26, 2014
Docket Number: 27359

Justia Opinion Summary: In 2005, Winyah Bay Holdings, LLC held an event aimed at selling marsh-front lots located in South Island Plantation, an affluent, unbuilt housing development. Winyah conducted the sale by lottery, and geared the event t...

Beach First National Bank v. Estate of Gurnham  
Date: February 26, 2014
Docket Number: 27360

Justia Opinion Summary: Brian Hover, son of decedent Margaret Dever Hover Gurnham and the Personal Representative of her Estate, appealed the circuit court's order confirming the probate court's grant of summary judgment in favor of Beach First...

City of Myrtle Beach v. Tourism Expenditure Review Committee  
Date: February 5, 2014
Docket Number: 27356

Justia Opinion Summary: When the Respondent City of Myrtle Beach transferred $302,545 of accommodations tax (A-Tax) funds into the City's general fund and bypassed the Act's provisions, Appellant Tourism Expenditure Review Committee (TERC) invo...

MO-003 - Ruff v. Nunez
Date: January 29, 2014
Docket Number: 2014
South Carolina v. Henson  
Date: January 22, 2014
Docket Number: 27354

Justia Opinion Summary: The issue before the Supreme Court in this case was whether the admission of appellant Davontay Henson's codefendant's redacted confession during a joint trial violated appellant's rights under the Confrontation Clause o...

Carnival Corporation v. Historic Ansonborough Neighborhood  
Date: January 22, 2014
Docket Number: 27355

Justia Opinion Summary: The plaintiffs in this case consist of four Charleston citizens' groups. Plaintiffs brought suit seeking an injunction against what they believed to be the unlawful use of a terminal by the Carnival Corporation's cruise...

South Carolina v. Barnes  
Date: January 15, 2014
Docket Number: 27322

Justia Opinion Summary: Appellant Steven Barnes was convicted of kidnapping and murdering Samuel Sturrup, for which he received the death sentence. The judge sentenced appellant to death for the murder, but imposed no sentence for kidnapping. O...

In the Matter of Shana Denice Jones-Burgess
Date: January 15, 2014
Docket Number: 27349
In the Matter of Scott Christen Allmon
Date: January 15, 2014
Docket Number: 27350
White Oak Manor v. Lexington Insurance Company  
Date: January 15, 2014
Docket Number: 27351

Justia Opinion Summary: White Oak Manor, Inc. owns and operates a nursing home in York. After sustaining injuries from the improper replacement of a feeding tube, a White Oak resident filed a lawsuit against the nursing home. White Oak ultimate...

Pittman v. Pittman  
Date: January 15, 2014
Docket Number: 27352

Justia Opinion Summary: Jetter Pittman (Husband) and Gloria Pittman (Wife) were married in April 2000 and separated in March 2007. Wife petitioned for divorce on adultery grounds. Wife argued to the family court that Husband's land surveying bu...

South Carolinav. Giles  
Date: January 15, 2014
Docket Number: 27353

Justia Opinion Summary: Petitioner James Giles was convicted of first-degree burglary, strong arm robbery, and kidnapping. He was sentenced to thirty years', thirty years', and fifteen years' imprisonment, respectively, to be served concurrentl...

MO-001 - State v. Jones
Date: January 8, 2014
Docket Number: 2014
Martinez v. Spartanburg County
Date: January 8, 2014
Docket Number: 27343
Woodson v. DLI Properties  
Date: January 8, 2014
Docket Number: 27344

Justia Opinion Summary: In 2006, DLI Properties, LLC (DLI), hired Allen Tate, a real estate brokerage firm, and Faile, Allen Tate's licensee, to serve as its agents in connection with the sale of certain real property in Lancaster, South Caroli...

Doe v. The Bishop of Charleston  
Date: January 8, 2014
Docket Number: 27345

Justia Opinion Summary: Appellants John Doe, Jane Doe 1, Jane Doe 2 and Jane Doe 3 separately sued Respondents the Bishop of Charleston and the Bishop of the Diocese of Charleston in his official capacity (respondents). The cases were consolida...

SCDMV v. Brown  
Date: January 8, 2014
Docket Number: 27346

Justia Opinion Summary: The South Carolina Department of Motor Vehicles suspended Petitioner Phillip Brown's driver's license following his arrest for driving under the influence (DUI). The Hearing Officer for the South Carolina Office of Motor...

South Carolina v. Gwinn  
Date: January 8, 2014
Docket Number: 27347

Justia Opinion Summary: The Attorney General petitioned the Supreme Court to review two municipal courts' rulings addressing whether the Attorney General has the authority to prosecute criminal cases in magistrate and municipal courts. The firs...

Hudson v. Lancaster Convalescent Center  
Date: January 8, 2014
Docket Number: 27348

Justia Opinion Summary: The issue in this case centered on a workers' compensation lump-sum award to a claimant who passed away while an appeal of her award was pending. At issue before the Supreme Court was a Court of Appeals opinion that refu...

In the Matter of C. Kevin Miller
Date: January 2, 2014
Docket Number: 27342
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