South Carolina Supreme Court Decisions 2017

Doe v. State
Date: November 17, 2017
Docket Number: 27728
Conits v. Conits
Date: November 15, 2017
Docket Number: 27749
In the Matter of Henry H. Taylor
Date: November 15, 2017
Docket Number: 27750
In the Matter of Ray A. Lord
Date: November 15, 2017
Docket Number: 27751
South Carolina v. Looper  
Date: November 8, 2017
Docket Number: 27746

Justia Opinion Summary: Petitioner Andrew Looper challenged the court of appeals' dismissal of his appeal of an interlocutory circuit court order. Petitioner was charged with driving under the influence (DUI) after being pulled over by police f...

South Carolina v. Mitchell  
Date: November 8, 2017
Docket Number: 27747

Justia Opinion Summary: Deangelo Mitchell was arrested for possession with intent to distribute cocaine and was released on a $25,000 surety bond. Subsequently, Mitchell was arrested for trafficking in cocaine, distribution of cocaine, and invo...

Bennett v. Carter  
Date: November 8, 2017
Docket Number: 27748

Justia Opinion Summary: Jacquelin Stevenson (Mother) was the sole lifetime beneficiary of two trusts created by the will of her husband, who died in 1988. The residual beneficiaries of the two trusts were her sons, Thomas Stevenson III and Dani...

MO-021 - Sanford v. State
Date: November 1, 2017
Docket Number: 2017
MO-018 - SCDSS v. Walls
Date: October 25, 2017
Docket Number: 2017
South Carolina v. Wyatt  
Date: October 25, 2017
Docket Number: 27743

Justia Opinion Summary: Shawn Wyatt appealed his convictions for attempting to furnish contraband to a prisoner and possession with intent to distribute cocaine, cocaine base, and marijuana. He argued the trial court erred by not suppressing tw...

South Carolina v. King  
Date: October 25, 2017
Docket Number: 27744

Justia Opinion Summary: A jury convicted Raheem King of the attempted murder and armed robbery of a Charleston cab driver and the related charge of possession of a firearm during the commission of a violent crime. The trial judge sentenced King...

Briggs v. South Carolina  
Date: October 25, 2017
Docket Number: 27745

Justia Opinion Summary: In 2010, South Carolina indicted Anthony Briggs for criminal sexual conduct with a minor in the first degree and lewd act upon a child. The victim testified Briggs touched her "private" with his "private" and with his mo...

In the Matter of Alvin R. Lundgren
Date: October 18, 2017
Docket Number: 27742
MO-016 - In the Matter of Marie Therese Assa'ad-Faltas
Date: October 4, 2017
Docket Number: 2017
Mangal v. South Carolina  
Date: October 4, 2017
Docket Number: 27726

Justia Opinion Summary: Farid Mangal was convicted of criminal sexual conduct with a minor, lewd act upon a child, and incest. After his convictions were affirmed, Mangal filed an action for post-conviction relief (PCR), arguing his trial couns...

In the Matter of Lisabeth Rogers
Date: October 4, 2017
Docket Number: 27740
In the Matter of Darryl Smalls
Date: October 4, 2017
Docket Number: 27741
In the Matter of Heather Boone McKeever
Date: September 20, 2017
Docket Number: 27739
In the Matter of Jacob Leon Parrott
Date: September 14, 2017
Docket Number: 27736
In the Matter of Michael Mark McAdams
Date: September 14, 2017
Docket Number: 27737
South Carolina Public Interest Foundation v. SCDOT  
Date: September 14, 2017
Docket Number: 27738

Justia Opinion Summary: Petitioners South Carolina Public Interest Foundation and Edward Sloan, individually and on behalf of all others similarly situated, filed a declaratory judgment action against Respondents the South Carolina Department o...

MO-015 - Harris v. Lancaster County Election Commission
Date: September 7, 2017
Docket Number: 2017
In the Matter of William Ashley Jordan
Date: August 30, 2017
Docket Number: 27734
In the Matter of Robert Clenten Campbell
Date: August 30, 2017
Docket Number: 27735
In the Matter of James Michael Farrell
Date: August 23, 2017
Docket Number: 27733
Mose v. South Carolina  
Date: August 16, 2017
Docket Number: 27732

Justia Opinion Summary: Renwick Mose appealed the dismissal of his application for post-conviction relief. The application was denied for being three days past the statute of limitations period ended, but Mose contended he delivered the applica...

Protestant Episcopal Church v. Episcopal Church  
Date: August 2, 2017
Docket Number: 27731

Justia Opinion Summary: The Respondents were the Protestant Episcopal Church in the Diocese of South Carolina (Disassociated Diocese); the Trustees of the Protestant Episcopal Church in South Carolina (Trustees); and thirty-six individual paris...

Harleysville Group Ins. v. Heritage Communities, Inc.
Date: July 26, 2017
Docket Number: 27698
Doe v. South Carolina  
Date: July 26, 2017
Docket Number: 27728

Justia Opinion Summary: The issue in this case arose from classifications contained in South Carolina's domestic violence statutes. Specifically, the classifications provided that only "Household member[s]," defined as, inter alia, a "male and...

Daufuskie Island v. Regulatory Staff  
Date: July 26, 2017
Docket Number: 27729

Justia Opinion Summary: Petitioner Daufuskie Island Utility Company ("DIUC") appeals an order of the South Carolina Public Service Commission ("Commission") granting only thirty-nine percent of the additional revenue requested in its applicatio...

Patton v. Miller  
Date: July 26, 2017
Docket Number: 27730

Justia Opinion Summary: A minor may bring an action for her own medical expenses if she the "real party in interest.” Alexia L. was born on April 5, 2007, delivered by obstetrician Gregory Miller, M.D. Alexia's mother, Angela Patton, filed a me...

MO-013 - State v. Deleston
Date: July 19, 2017
Docket Number: 2017
South Carolina v. Harry  
Date: July 19, 2017
Docket Number: 27724

Justia Opinion Summary: Petitioner and his “enlisted cohorts” went to, in petitioner’s estimation, peacefully retrieve his forty-seven-inch plasma-screen television from Kevin Bowens (Victim). Victim was shot and killed on his property by one o...

Jowers v. SCDHEC  
Date: July 19, 2017
Docket Number: 27725

Justia Opinion Summary: The Surface Water Withdrawal, Permitting, Use, and Reporting Act regulated surface water withdrawals in South Carolina. Surface water is defined as "all water that is wholly or partially within the State . . . or within...

Mangal v. South Carolina  
Date: July 19, 2017
Docket Number: 27726

Justia Opinion Summary: Farid Mangal was convicted of criminal sexual conduct with a minor, lewd act upon a child, and incest. After his convictions were affirmed, Mangal filed this action for post-conviction relief (PCR), arguing trial counsel...

Boone v. Quicken Loans  
Date: July 19, 2017
Docket Number: 27727

Justia Opinion Summary: The South Carolina Supreme Court accepted a declaratory judgment matter in its original jurisdiction to determine if Respondents-Petitioners Quicken Loans, Inc. and Title Source, Inc. engaged in the unauthorized practice...

Clemmons v. Lowe's Home Centers  
Date: June 28, 2017
Docket Number: 27708

Justia Opinion Summary: Petitioner Henton Clemmons, Jr. injured his back and neck while working at Lowe's Home Center and brought a claim for disability benefits under the scheduled-member statute of the South Carolina Workers' Compensation Act...

MO-011 - Wellborn v. City of Rock Hill
Date: June 21, 2017
Docket Number: 2017
City of Columbia v. Assa'ad-Faltas  
Date: June 21, 2017
Docket Number: 27723

Justia Opinion Summary: Appellant's unrelenting inappropriate conduct in the South Carolina courts necessitated that certain restrictions be placed upon Appellant's pro se access to the courts to curb her abuse of the judicial process. In a dir...

MO-010 - State v. Scott
Date: May 31, 2017
Docket Number: 2017
In the Matter of Magistrate Gordon Blackwell Johnson
Date: May 31, 2017
Docket Number: 27721
South Carolina v. Blackwell  
Date: May 31, 2017
Docket Number: 27722

Justia Opinion Summary: A jury convicted Ricky Lee Blackwell of kidnapping and killing eight-year-old Heather Brooke Center ("Brooke"), the daughter of his ex-wife's boyfriend, and recommended a sentence of death. After twenty-six years of marr...

MO-009 - State v. Johnson
Date: May 24, 2017
Docket Number: 2017
Donze v. General Motors  
Date: May 17, 2017
Docket Number: 27719

Justia Opinion Summary: Comparative negligence does not apply in crashworthiness cases, and that South Carolina's public policy does not bar a plaintiff, allegedly intoxicated at the time of the accident, from bringing a crashworthiness claim a...

Fullbright v. Spinnaker Resorts  
Date: May 17, 2017
Docket Number: 27720

Justia Opinion Summary: The South Carolina Supreme Court answered two certified questions of South Carolina law, posed by the U.S. District Court for the District of South Carolina. These questions arose from two sets of litigation (“Fullbright...

SCDDSN v. Linkhorn
Date: May 11, 2017
Docket Number: 27684
In the Matter of McGurk
Date: May 11, 2017
Docket Number: 27717
Rosarte v. USC  
Date: May 11, 2017
Docket Number: 27718

Justia Opinion Summary: The University of South Carolina and the university's booster club, known as the Gamecock Club (Petitioners), and several Gamecock Club members (Respondents) fought over parking spaces. As part of the bargain Respondents...

MO-007 - McAlhany v. Carter
Date: May 3, 2017
Docket Number: 2017
In the Interest of Justin B.  
Date: May 3, 2017
Docket Number: 27716

Justia Opinion Summary: Justin B. was found delinquent for committing criminal sexual conduct with a minor in the first degree. The family court imposed the mandatory, statutory requirement that he register as a sex offender and wear an electro...

MO-005 - Horton v. State
Date: April 26, 2017
Docket Number: 2017
Machin v. Carus Corporation  
Date: April 26, 2017
Docket Number: 27714

Justia Opinion Summary: Defendant Carus Corp. (Carus) was an international company that developed and sold chemical products for municipal and industrial applications. Defendant's products included a chemical called Totalox, which essentially,...

Smith v. Tiffany  
Date: April 26, 2017
Docket Number: 27715

Justia Opinion Summary: Respondent Walter Smith was injured in December 2012 following a motor vehicle accident. Smith settled with respondent Corbett Mizzell for the policy limits of Mizzell's liability coverage in exchange for a covenant not...

In the Matter of Robert Glenn Bacon
Date: April 19, 2017
Docket Number: 27710
Lewis v. L.B. Dynasty  
Date: April 19, 2017
Docket Number: 27711

Justia Opinion Summary: Petitioner LeAndra Lewis sought workers' compensation benefits for injuries she suffered following a shooting in a night club operated by L.B. Dynasty. In a previous opinion, the South Carolina Supreme Court held Lewis w...

In the Matter of Melanie Anne Emery
Date: April 19, 2017
Docket Number: 27712
In the Matter of John Michael Bosnak
Date: April 19, 2017
Docket Number: 27713
Stone v. South Carolina  
Date: March 29, 2017
Docket Number: 27701

Justia Opinion Summary: Bobby Stone shot and killed Charlie Kubala of the Sumter County Sheriff's Office. After the Supreme Court affirmed his murder conviction and death sentence, Stone filed an application for post-conviction relief (PCR) all...

Retail Services & Systems, Inc. v. SDCOR  
Date: March 29, 2017
Docket Number: 27709

Justia Opinion Summary: Appellant Retail Services owned and operated three separate liquor store locations in Charleston, Greenville, and Columbia, South Carolina. SCDOR was charged with the administration of South Carolina's statutes concernin...

State v. Bash
Date: March 15, 2017
Docket Number: 27692
Clemmons v. Lowe's Home Centers  
Date: March 8, 2017
Docket Number: 27708

Justia Opinion Summary: Petitioner Henton Clemmons, Jr. injured his back and neck while working at Lowe's Home Center in Columbia. Although all the medical evidence indicated Clemmons had lost more than fifty percent of the use of his back, the...

MO-002 - State v. Parkhurst
Date: March 1, 2017
Docket Number: 2017
South Carolina v. Thompson  
Date: February 22, 2017
Docket Number: 27706

Justia Opinion Summary: Petitioner Alphonso Thompson was convicted of trafficking in cocaine in excess of 400 grams, possession of a weapon during the commission of a violent crime, and possession with intent to distribute ("PWID") marijuana. H...

Rogers Townsend & Thomas, PC v. Peck  
Date: February 22, 2017
Docket Number: 27707

Justia Opinion Summary: The South Carolina Supreme Court accepted this declaratory judgment action in its original jurisdiction to determine whether Community Management Group, LLC; its president, Stephen Peck; and its employee, Tom Moore, enga...

Hanold v. Watson's Orchard
Date: February 15, 2017
Docket Number: 27702
In the Matter of Fredrick Pfeiffer
Date: February 15, 2017
Docket Number: 27703
In the Matter of Cecil Nolan
Date: February 15, 2017
Docket Number: 27704
In the Matter of Jeffrey Allen Chapman  
Date: February 15, 2017
Docket Number: 27705

Justia Opinion Summary: A jury found Jeffrey Chapman met the statutory definition of a sexually violent predator (SVP) as set forth in South Carolina's Sexually Violent Predator Act (the Act), and the trial court subsequently signed an order to...

Stone v. South Carolina  
Date: February 8, 2017
Docket Number: 27701

Justia Opinion Summary: Bobby Stone shot and killed Charlie Kubala of the Sumter County Sheriff's Office. Stone filed an application for post-conviction relief (PCR) alleging he received ineffective assistance of counsel. The PCR court denied r...

Lightner v. Hampton Hall Club, Inc.  
Date: February 1, 2017
Docket Number: 27700

Justia Opinion Summary: Hampton Hall Club, Inc. was a nonprofit organization in Beaufort County. Respondent Brad Lightner was a member of Hampton Hall, and filed this action individually, and on behalf of all others similarly situated against D...

Davis v. Leatherman
Date: January 18, 2017
Docket Number: 27699
In the Matter of Frank Barnwell McMaster
Date: January 11, 2017
Docket Number: 27697
Harleysville Group Ins. v. Heritage Communities, Inc.  
Date: January 11, 2017
Docket Number: 27698

Justia Opinion Summary: The Riverwalk at Arrowhead Country Club and Magnolia North Horizontal Property Regime developments were constructed between 1997 and 2000. After construction was complete and the units were sold, the purchasers became aw...

MO-001 - Wright v. State
Date: January 5, 2017
Docket Number: 2017
South Carolina v. Cain  
Date: January 5, 2017
Docket Number: 27694

Justia Opinion Summary: Petitioner-defendant Charles Cain appealed after he was convicted for trafficking methamphetamine. He argued the State produced insufficient evidence as to the quantity of drugs required for trafficking, and thus the tri...

Gonzales v. South Carolina  
Date: January 5, 2017
Docket Number: 27695

Justia Opinion Summary: Petitioner Michael Gonzales was convicted for trafficking 400 grams or more of methamphetamine, for which he was sentenced to thirty years’ imprisonment. Petitioner applied for post-conviction relief (PCR), arguing his t...

Ramirez v. South Carolina  
Date: January 5, 2017
Docket Number: 27696

Justia Opinion Summary: Ruben Ramirez was sixteen years old when he was indicted for assault and battery with intent to kill, kidnapping, first-degree criminal sexual conduct with a minor, first-degree burglary, and lewd act upon a child. The i...

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