South Carolina Supreme Court Decisions 2016
Date: December 29, 2016
Docket Number: 27693
Justia Opinion Summary: Appellant Michael Beaty, Jr. was convicted of murdering his girlfriend, for which he was sentenced to life imprisonment. After the jury was sworn the trial judge gave preliminary remarks. Appellant objected to the use of…
Date: December 21, 2016
Docket Number: 27692
Justia Opinion Summary: Walter Bash was indicted for trafficking in cocaine and cocaine base. The circuit court found officers conducted an illegal search, and suppressed the drugs. The State appealed. The court of appeals reversed the circuit…
Date: December 14, 2016
Docket Number: 27691
Justia Opinion Summary: In this capital Post-Conviction Relief ("PCR") case, petitioner James Robertson filed a second PCR application alleging, among other things, that his prior PCR counsel were not qualified under section 17-27160(B) of the…
Date: December 7, 2016
Docket Number: 27690
Justia Opinion Summary: Petitioner Steven Berry was convicted of criminal sexual conduct with a minor, second degree. At trial, the State called Kim Roseborough who was qualified as an expert in the field of "child sexual abuse assessment and…
Date: November 23, 2016
Docket Number: 27685
Justia Opinion Summary: Louis Winkler, Jr. was convicted of murder for the shooting death of his estranged wife. He received the death sentence. He applied for post-conviction relief (PCR), arguing he received ineffective assistance of counsel…
Date: November 16, 2016
Docket Number: 27684
Justia Opinion Summary: Rocky Linkhorn was arrested and charged with Criminal Sexual Conduct with a Minor in the First Degree, Lewd Act on a Minor, and Disseminating Obscene Material to a Minor. After finding Linkhorn was incompetent to stand…
Date: November 2, 2016
Docket Number: 27674
Justia Opinion Summary: In 2003, petitioner Roosevelt Simmons acquired title to two parcels of land, "Tract 498" and "Tract 135." Both parcels were undeveloped, wooded, and located along Kitford Road on Johns Island. The parcels were separated…
Date: October 26, 2016
Docket Number: 27673
Justia Opinion Summary: Petitioner Nathalie Davaut appealed the denial of her claim for workers' compensation benefits for injuries she sustained attempting to leave her workplace. To reach her car, which was in a university lot provided for…
Date: October 19, 2016
Docket Number: 27672
Justia Opinion Summary: Respondent Russell Earley was convicted of criminal solicitation of a minor and sentenced to eight years in prison. Respondent's criminal charge arose from an encounter with a fourteen-year-old male (Victim) outside a…
Date: October 12, 2016
Docket Number: 27670
Justia Opinion Summary: Petitioner Thomas Hilton suffered an admittedly compensable injury as the result of an insect or spider bite. The present dispute centered on whether he required further medical treatment to reach maximum medical…
Date: October 12, 2016
Docket Number: 27671
Justia Opinion Summary: Petitioner Alexander Hunsberger was sentenced to thirty-three years' incarceration for his part in the murder of Samuel Sturrup. Hunsberger argued on appeal that the trial judge erred in denying his speedy trial motion.…
Date: September 14, 2016
Docket Number: 27665
Date: September 14, 2016
Docket Number: 27666
Justia Opinion Summary: This case was one in a string of longstanding disagreements regarding how the practice of physical therapy should be regulated in South Carolina. The South Carolina Board of Physical Therapy (the Board) sided with…
Date: September 7, 2016
Docket Number: 27664
Justia Opinion Summary: Respondent Theodore Manning was charged with murder following the death of his girlfriend, Mikki McPhatter. The victim died after being shot in the back of the head in Respondent's home. It was undisputed that the victim…
Date: August 31, 2016
Docket Number: 27663
Justia Opinion Summary: Jimmy Johnson fled from police after being stopped for having an expired vehicle license. Armed, Johnson went to a Carolina Convenience Store in Spartanburg, where he took Saroj Patel hostage. The City's police…
Date: August 24, 2016
Docket Number: 27662
Justia Opinion Summary: The underlying matter to this appeal stemmed from Emmitt Scully's departure from Allegro, Inc., a professional employer organization (PEO), in order to form a competing PEO, Synergetic, Inc., along with former Allegro…
Date: August 17, 2016
Docket Number: 27654
Justia Opinion Summary: Following a mistrial, Bryan Rearick moved to bar subsequent prosecution of felony driving under the influence resulting in death ("felony DUI") on the ground a second trial would violate the Double Jeopardy Clause of the…
Date: August 17, 2016
Docket Number: 27655
Justia Opinion Summary: The South Carolina Supreme Court granted certiorari to review a Court of Appeals' decision affirming a circuit court order denying petitioner's John Wieland Homes and Neighborhoods of the Carolinas, Inc.'s ("JWH") motion…
Date: July 20, 2016
Docket Number: 27648
Justia Opinion Summary: After a trial, petitioner Nelson Castro was convicted of trafficking cocaine between twenty-eight and one hundred grams and was sentenced to fifteen years' imprisonment. Petitioner filed a timely motion for resentencing,…
Date: July 13, 2016
Docket Number: 27646
Justia Opinion Summary: These cases arose out of an on-going South Carolina Law Enforcement Division ("SLED") investigation into the past conduct of certain members of the General Assembly (the "redacted legislators"), and was filed in the…
Date: July 6, 2016
Docket Number: 27645
Justia Opinion Summary: In August 2005, D.R. Horton, Inc. completed construction of the Smiths' home, and the Smiths closed on the property and received the deed. Thereafter, the Smiths experienced a myriad of problems with the home that…
Date: June 29, 2016
Docket Number: 27644
Justia Opinion Summary: Petitioner Didier Van Sellner pled guilty to armed robbery and later applied for post-conviction relief (PCR), asserting his counsel was ineffective for advising him to take a plea deal when the State could not…
Date: June 8, 2016
Docket Number: 27641
Justia Opinion Summary: Petitioner Kenneth Simmons was convicted and sentenced for the "brutal and horrific" 1996 murder and criminal sexual assault of an 89-year-old Summerville woman. Petitioner sought post-conviction relief (PCR), which was…
Date: June 3, 2016
Docket Number: 27640
Justia Opinion Summary: This appeal arose out of a $17 million verdict rendered in favor of Francis Maybank for claims sounding in contract, tort, and the South Carolina Unfair Trade Practices Act (UTPA). Maybank brought this action alleging he…
Date: May 25, 2016
Docket Number: 27639
Justia Opinion Summary: In 2007, Linda Johnson enrolled her mother, Inez Roberts (Mrs. Roberts), in Heritage Healthcare of Estill (HHE) to receive nursing home care. Johnson held a general power of attorney for Mrs. Roberts, and as such, signed…
Date: May 18, 2016
Docket Number: 27637
Justia Opinion Summary: Whitlee Jones was indicted for the murder of her boyfriend after she fatally stabbed him at the home they shared. In a pretrial motion, Jones asserted immunity from prosecution under the "Protection of Persons and…
Date: May 18, 2016
Docket Number: 27638
Justia Opinion Summary: South Carolina Code Ann. 57-1-410 (Supp. 2015) provided for the appointment of an administrative official denominated the Secretary of Transportation. Proviso 84.18 purported to suspend the 2015 termination/devolution…
Date: May 11, 2016
Docket Number: 27636
Justia Opinion Summary: Petitioner Jacques Gibson was convicted of murder and unlawful possession of a firearm by a person under age 21. He sought the Supreme Court's review of his case when a trial court denied his application for…
Date: May 4, 2016
Docket Number: 27632
Justia Opinion Summary: Susan Tappeiner was convicted by jury of second degree criminal sexual conduct (CSC) with a minor. Tappeiner withdrew her direct appeal and filed an application for post-conviction relief (PCR), asserting, inter alia,…
Date: May 4, 2016
Docket Number: 27633
Justia Opinion Summary: Melvin Stukes appealed his conviction for criminal sexual conduct (CSC) and first degree burglary, arguing the court of appeals erred in affirming the trial court's jury instruction that Victim's testimony need not be…
Date: May 4, 2016
Docket Number: 5402
Justia Opinion Summary: Knight Systems, Inc., owned and operated by Buddy Knight, engaged primarily in the mortuary transport business until 2007. Knight Systems entered into an asset purchase agreement with Palmetto Mortuary Transport, Inc., a…
Date: April 27, 2016
Docket Number: 27630
Justia Opinion Summary: A jury convicted Jarvis Gibbs of kidnapping, entering a bank with the intent to steal, and using a firearm during the commission of a violent crime. The trial court sentenced Gibbs to an aggregate eighteen years'…
Date: April 27, 2016
Docket Number: 27631
Justia Opinion Summary: In 2003, William Hueble purchased 220 acres of farming and hunting property in Greenwood County. At the time of closing, the seller informed Hueble that Respondent Eric Vaughn, a corporal for the South Carolina…
Date: April 20, 2016
Docket Number: 27607
Justia Opinion Summary: Donna Phillips was convicted of homicide by child abuse and sentenced to twenty-five years' imprisonment in the death of her grandson (Child). The court of appeals affirmed her conviction. On appeal, Phillips argued the…
Date: April 20, 2016
Docket Number: 27627
Justia Opinion Summary: Believing the purchase of orthopaedic prosthetic devices and other implants were eligible for a sales tax exemption, CareAlliance Health Services (the Hospital) sought a refund from South Carolina Department of Revenue…
Date: April 20, 2016
Docket Number: 27628
Justia Opinion Summary: Appellant Ronald Legg was convicted of lewd act on a minor. He was sentenced to twelve years' imprisonment, ordered to be placed on the sex offender registry, and subjected to GPS monitoring. Appellant argued at trial…
Date: April 20, 2016
Docket Number: 27629
Justia Opinion Summary: In April 2007, Loretta Traynum purchased an automobile insurance policy from Progressive Direct Insurance Co. through Progressive's website. Instead of selecting one of the preset packages Progressive offered, all of…
Date: April 13, 2016
Docket Number: 27620
Justia Opinion Summary: Petitioner Richard Hartzell appealed the court of appeals' decision to reverse the South Carolina Workers' Compensation Commission's determination that he was entitled to medical benefits for a work-related back injury.…
Date: April 13, 2016
Docket Number: 27621
Justia Opinion Summary: The disputed actions at issue here occurred during special meetings for which the Town of Mount Pleasant issued agendas listing an executive session but not indicating Town Council would take action following the…
Date: April 13, 2016
Docket Number: 27622
Justia Opinion Summary: Respondent Nathaniel Teamer was convicted of first-degree burglary, felony driving under the influence (DUI) resulting in great bodily injury, and failure to stop for a blue light (FSBL) resulting in great bodily injury…
Date: April 13, 2016
Docket Number: 27623
Justia Opinion Summary: Petitioner Richard Burton Beekman was convicted of committing first-degree criminal sexual conduct (CSC) with a minor on his stepson (Stepson) and a lewd act upon a child on his stepdaughter (Stepdaughter). Beekman…
Date: March 30, 2016
Docket Number: 27614
Justia Opinion Summary: Petitioner was convicted of murder, possession of a firearm during the commission of a violent crime, and pointing a firearm. He was sentenced to life imprisonment without parole. The Supreme Court affirmed petitioner's…
Date: March 30, 2016
Docket Number: 27615
Justia Opinion Summary: In 2006, Alice Hancock waited in her vehicle in the parking lot of a Wal-Mart while her sister, Donna Beckham, attempted to shoplift several articles of clothing. Hope Rollings, a Wal-Mart customer service manager,…
Date: March 30, 2016
Docket Number: 27617
Justia Opinion Summary: Respondent Alex Robinson was convicted of one count of trafficking in cocaine in an amount between 100 and 200 grams. He was sentenced to twenty-five years imprisonment and ordered to pay a $50,000 fine. The Court of…
Date: March 30, 2016
Docket Number: 27619
Justia Opinion Summary: Five separate lawsuits were consolidated for the purposes of this opinion. County administrators and registers of deeds in Allendale, Beaufort, Colleton, Hampton, and Jasper Counties (collectively, Respondents) filed…
Date: March 23, 2016
Docket Number: 27612
Justia Opinion Summary: Michael Pearson was convicted of first-degree burglary, armed robbery, kidnapping, grand larceny, and possession of a weapon during the commission of a violent crime. The trial judge sentenced Pearson to an aggregate…
Date: March 23, 2016
Docket Number: 27613
Justia Opinion Summary: Petitioner Manuel Marin was convicted of murder and possession of a firearm during the commission of a violent crime. Marin appealed, and the court of appeals affirmed, rejecting his argument that the trial court…
Date: March 2, 2016
Docket Number: 27609
Justia Opinion Summary: Donald Anderson was walking in the vicinity of a drug raid when police officers located in the periphery of the search ordered him to the ground. Upon searching him, officers found crack cocaine, and Anderson was…
Date: March 2, 2016
Docket Number: 27610
Justia Opinion Summary: From 1998 to 2000, an armed perpetrator committed six robberies of hotels in Lexington, Richland, Berkeley, and Charleston counties. During each of these robberies, the perpetrator entered the hotel, held the clerk at…
Date: February 17, 2016
Docket Number: 27606
Justia Opinion Summary: The controversy in this case arose out of the South Carolina Department of Revenue's ("SCDOR") computation of Duke Energy's taxable income. Because Duke Energy did business in both North Carolina and South Carolina, it…
Date: February 17, 2016
Docket Number: 27607
Justia Opinion Summary: Donna Phillips was convicted of homicide by child abuse and sentenced to twenty-five years' imprisonment in the death of her 21-month-old grandson (Child). Phillips was alleged to have given the Child Tussionex, a…
Date: January 27, 2016
Docket Number: 27602
Justia Opinion Summary: Respondent Ashley Eugene Moore was convicted of trafficking in cocaine base and possession of a firearm during the commission of a violent crime. On appeal, Moore argued that the trial court erred in denying his motion…
Date: January 27, 2016
Docket Number: 27603
Justia Opinion Summary: The underlying dispute in this case involved the repair of faulty windows and sliding glass doors in a condominium development, Shipyard Village Horizontal Property Regime (Shipyard Village), in Pawleys Island. Fifty…
Date: January 6, 2016
Docket Number: 27600
Justia Opinion Summary: Kevin Tyrone Bennett was convicted of petit larceny, malicious injury to property, and second degree burglary. He was sentenced to ten years' imprisonment for each offense, to be served concurrently. The court of appeals…
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