South Carolina Supreme Court Decisions 2018

Goss v. South Carolina  
Date: October 17, 2018
Docket Number: 27843

Justia Opinion Summary: Darrell Goss was convicted of kidnapping, assault and battery with intent to kill (ABWIK), and armed robbery in connection with the armed robbery of a clothing store in North Charleston. In this post-conviction relief (P...

MO-033 - Young v. State
Date: October 3, 2018
Docket Number: 2018
MO-031 - Adams v. State
Date: September 26, 2018
Docket Number: 2018
South Carolina v. Cartwright, III  
Date: September 26, 2018
Docket Number: 27842

Justia Opinion Summary: Harold Cartwright, III was convicted of one count of first-degree criminal sexual conduct (CSC), eight counts of first-degree CSC with a minor, two counts of second-degree CSC with a minor, one count of third-degree CSC,...

Buchanan v. SC Property and Casualty Insurance  
Date: September 5, 2018
Docket Number: 27840

Justia Opinion Summary: The underlying dispute arose following a deadly motor vehicle accident in Bamberg County, South Carolina in January 2008. At the time of the accident, decedent James Buchanan was driving a tractor trailer traveling north...

Patterson v. Witter  
Date: September 5, 2018
Docket Number: 27841

Justia Opinion Summary: This appeal involved the South Carolina Home Builders Self Insurers Fund (Fund), which was created by the Home Builders Association of South Carolina, Inc. "for the purpose of meeting and fulfilling an employer's obligat...

MO-030 - McGuinn Construction v. Espino
Date: August 29, 2018
Docket Number: 2018
In the Matter of Robert E. Peeler
Date: August 29, 2018
Docket Number: 27830
Palmetto Mortuary v. Knight Systems  
Date: August 29, 2018
Docket Number: 27833

Justia Opinion Summary: Palmetto Mortuary Transport, Inc. sued Knight Systems, Inc. and Robert Knight (collectively, Knight) for breach of an asset purchase agreement executed in connection with the sale of Knight's mortuary transport business...

South Carolina v. Scott  
Date: August 29, 2018
Docket Number: 27834

Justia Opinion Summary: On the night of April 10, 2010, Shannon Scott and his fiancé Rosalyn were asleep at Scott's home. Scott's daughter Shade and three of Rosalyn's daughters were at a party at a teen nightclub with friends. Shade had a hist...

Callawassie Island Club v. Dennis  
Date: August 29, 2018
Docket Number: 27835

Justia Opinion Summary: In 1999, Ronnie and Jeanette Dennis purchased property on Callawassie Island. At that time, the Dennises joined a private club known as the Callawassie Island Club, and paid $31,000 to become "equity members." The Club's...

South Carolina v. Brown  
Date: August 29, 2018
Docket Number: 27836

Justia Opinion Summary: A restaurant in Goose Creek, South Carolina, was robbed by two males wearing ski masks and gloves while carrying a gun and knife, around midnight on Christmas Eve. During the robbery, an employee was shot by one of the r...

Repko v. County of Georgetown  
Date: August 29, 2018
Docket Number: 27837

Justia Opinion Summary: Respondent David Repko, the owner of two lots in Harmony Phase 2-D-1, commenced this action against the County alleging that the County negligently and grossly negligently failed to comply with or enforce its rules, regu...

Silva v. Allstate  
Date: August 29, 2018
Docket Number: 27838

Justia Opinion Summary: The South Carolina Supreme Court accepted two certified questions from the United States District Court for the District of South Carolina arising from a dispute over uninsured motorist (UM) coverage: (1) whether a polic...

Pee Dee Health Care v. Estate of Hugh S. Thompson  
Date: August 29, 2018
Docket Number: 27839

Justia Opinion Summary: At issue before the South Carolina Supreme Court in this case was an appeal of a circuit court's decision to impose sanctions against Pee Dee Health Care, P.A., and its attorney for conduct that occurred before the circu...

In the Matter of Robert E. Peeler
Date: August 22, 2018
Docket Number: 27830
Nationwide Mutual Insurance v. Eagle Window & Door  
Date: August 22, 2018
Docket Number: 27831

Justia Opinion Summary: In 1999, homeowners Renaul and Karen Abel contracted with Gilliam Construction Company, Inc. for the construction of a house in an upscale Landrum subdivision. In constructing the house, Gilliam used windows manufactured...

South Carolina v. Alexander  
Date: August 22, 2018
Docket Number: 27832

Justia Opinion Summary: A municipal police officer responded to a 911 call received through his dispatch center regarding a report of a disabled vehicle. After arriving on the scene, the officer found the vehicle slightly off the roadway in a d...

SCDOT v. Powell  
Date: August 8, 2018
Docket Number: 27827

Justia Opinion Summary: At issue before the South Carolina Supreme court was the propriety of the grant of partial summary judgment in a condemnation action. The court of appeals affirmed the circuit court's ruling that the landowner, David Pow...

In the Matter of Frampton Durban, Jr.
Date: August 8, 2018
Docket Number: 27828
Olds v. City of Goose Creek  
Date: August 8, 2018
Docket Number: 27829

Justia Opinion Summary: The City of Goose Creek (the City) collected a business license fee on persons doing business within the city limits. The amount of the fee was based upon a business's gross income from the preceding year. The issue on a...

South Carolina v. King  
Date: July 18, 2018
Docket Number: 27826

Justia Opinion Summary: Tyrone King was convicted of murder, possession of a weapon during the commission of a violent crime, third-degree assault and battery, and pointing and presenting a firearm. The trial court sentenced King to life impris...

In the Matter of Robinson
Date: July 11, 2018
Docket Number: 27824
In the Matter of Gorski
Date: July 11, 2018
Docket Number: 27825
MO-026 - Helton v. State
Date: July 5, 2018
Docket Number: 2018
Government Employees Insurance Company v. Poole  
Date: July 5, 2018
Docket Number: 27821

Justia Opinion Summary: The United States District Court for the District of South Carolina certified a question of law to the South Carolina Supreme Court. Jack Poole and his wife, Jennifer, were riding in a vehicle owned by Doris Knight, Jenn...

South Carolina v. Jones  
Date: July 5, 2018
Docket Number: 27822

Justia Opinion Summary: Petitioner Roy Jones appealed his convictions for first-degree criminal sexual conduct (CSC) with a minor, second-degree CSC with a minor, and two counts of committing a lewd act on a minor. The issues Jones raised on ap...

Pertuis v. Front Roe Restaurants, Inc.  
Date: July 5, 2018
Docket Number: 27823

Justia Opinion Summary: Petitioners Mark and Larkin Hammond built and operated several successful restaurants in Lake Lure, North Carolina, and Greenville, South Carolina. The Hammonds hired Respondent Kyle Pertuis to manage the restaurants, an...

Spalt v. South Carolina Dept. Motor Vehicles  
Date: June 27, 2018
Docket Number: 27817

Justia Opinion Summary: Melissa Spalt was arrested for driving under the influence of alcohol. When she refused to submit to a breath test, the arresting officer issued a "notice of suspension" of her driver's license. Spalt requested a hearing...

Williams v. Quest  
Date: June 27, 2018
Docket Number: 27818

Justia Opinion Summary: The United States District Court for the District of South Carolina certified a question of state law to the South Carolina Supreme Court. This wrongful death action arose from the death of a minor. The deceased was a yo...

South Carolina v. Simmons  
Date: June 27, 2018
Docket Number: 27819

Justia Opinion Summary: Petitioner James Simmons Jr. was convicted of criminal sexual conduct (CSC) involving two minors. The minors were Petitioner's twin sons. A key feature of the State's case was the challenged testimony of a pediatrician a...

In the Matter of John B. Kern
Date: June 27, 2018
Docket Number: 27820
MO-025 - McFadden v. State
Date: June 20, 2018
Docket Number: 2018
South Carolina v. Dill  
Date: June 20, 2018
Docket Number: 27816

Justia Opinion Summary: James Dill Jr. was convicted of manufacturing methamphetamine, and the trial court sentenced him to a prison term of ten years. Dill appealed his conviction, and the court of appeals affirmed. Sheriff's deputies searched...

In the Matter of David R. DuBose
Date: June 13, 2018
Docket Number: 27812
In the Matter of Samuel R. Drose
Date: June 13, 2018
Docket Number: 27813
South Carolina v. Brown  
Date: June 13, 2018
Docket Number: 27814

Justia Opinion Summary: At issue before the South Carolina Supreme Court was whether the digital information stored on a cell phone may be abandoned such that its privacy is no longer protected by the Fourth Amendment. The victim contacted poli...

South Carolina v. Ross  
Date: June 13, 2018
Docket Number: 27815

Justia Opinion Summary: David Ross pled guilty in 1979 to lewd act upon a child. Thirty-two years later, he was convicted in magistrate's court of misdemeanor failure to register as a sex offender. Ross argued the automatic imposition of lifeti...

MO-024 - Ramirez v. Progressive Northern
Date: June 6, 2018
Docket Number: 2018
South Carolina v. Perez  
Date: June 6, 2018
Docket Number: 27810

Justia Opinion Summary: The South Carolina Supreme Court granted cross-petitions for a writ of certiorari to review the Court of Appeals' unpublished decision in South Carolina v. Perez, Op. No. 2015-UP-217 (S.C. Ct. App. filed May 8, 2015), wh...

South Carolina v. Pulley  
Date: June 6, 2018
Docket Number: 27811

Justia Opinion Summary: Timothy Pulley appealed after he was convicted for trafficking cocaine base (cocaine) of ten grams or more, but less than twenty-eight grams in violation of section 44-53-375(C)(1) of the South Carolina Code (2018). Pull...

MO-021 - Gibbs v. Gibbs
Date: May 30, 2018
Docket Number: 2018
Jowers v. So. Carolina Dept. Health & Environ. Control  
Date: May 30, 2018
Docket Number: 27725

Justia Opinion Summary: This case represented a challenge to the registration provisions in the South Carolina Surface Water Withdrawal Act. The plaintiffs claimed those provisions were an unconstitutional taking, a violation of due process, an...

Sentry Select Insurance v. Maybank Law Firm  
Date: May 30, 2018
Docket Number: 27806

Justia Opinion Summary: Sentry Select Insurance Company brought a legal malpractice lawsuit in federal district court against the lawyer it hired to defend its insured in an automobile accident case. The federal court certified two questions of...

Gantt v. Selph  
Date: May 30, 2018
Docket Number: 27807

Justia Opinion Summary: The circuit court ruled Appellant Kim Murphy was not qualified to be a candidate for election to a Richland County seat on the District 5 Richland-Lexington School Board of Trustees (School Board). The circuit court base...

Horton v. Jasper County School District  
Date: May 30, 2018
Docket Number: 27808

Justia Opinion Summary: After Randy Horton won this action seeking the production of documents under the South Carolina Freedom of Information Act (FOIA), the circuit court awarded him attorneys' fees at a rate of $100 per hour. On appeal, the...

State v. Porch
Date: May 30, 2018
Docket Number: 27809
MO-020 - State v. James
Date: May 23, 2018
Docket Number: 2018
Overland v. Nance  
Date: May 23, 2018
Docket Number: 27800

Justia Opinion Summary: Overland, Inc., filed this lawsuit against Lara Nance, Bank of America, SunTrust Banks, and other defendants seeking damages arising out of Nance's embezzlement of $1,282,000 from the Land Rover dealership Overland opera...

Frierson v. South Carolina  
Date: May 23, 2018
Docket Number: 27801

Justia Opinion Summary: Petitioner Darryl Frierson pled guilty to assault and battery of a high and aggravated nature, criminal conspiracy, kidnapping, and armed robbery for his role in masterminding a $9.8 million heist from an armored truck....

South Carolina v. Greene  
Date: May 23, 2018
Docket Number: 27802

Justia Opinion Summary: Appellant Stephanie Irene Greene appeals her convictions and sentences for homicide by child abuse, involuntary manslaughter, and unlawful conduct toward a child for the death of her infant daughter, Alexis. Appellant wa...

DomainsNewMedia.com v. Hilton Head Island-Bluffton Chamber of Commerce  
Date: May 23, 2018
Docket Number: 27803

Justia Opinion Summary: At issue before the South Carolina Supreme Court in this appeal was a question of whether Appellant Hilton Head Island-Bluffton Chamber of Commerce (Chamber) was subject to the Freedom of Information Act (FOIA) due to it...

Kay v. Sullivan  
Date: May 23, 2018
Docket Number: 27804

Justia Opinion Summary: This cross-appeal primarily concerned the amount of compensation owed to Petitioner-respondent Edward Sullivan as personal representative (PR) of Marion Kay's estate. Sullivan filed a petition to settle the estate and so...

Buckson v. South Carolina  
Date: May 23, 2018
Docket Number: 27805

Justia Opinion Summary: Jerome Buckson and Tiffany Foggie lived together in Foggie's apartment until January 2006. At approximately three o'clock in the morning on Monday, January 30, 2006, Buckson entered the apartment through a kitchen window...

Coastal Federal v. Brown
Date: May 16, 2018
Docket Number: 27799
MO-019 - Murphy v. State
Date: May 9, 2018
Docket Number: 2018
Protection and Advocacy v. Buscemi
Date: May 9, 2018
Docket Number: 27795
Brown v. South Carolina  
Date: May 9, 2018
Docket Number: 27796

Justia Opinion Summary: Samuel Brown Jr. filed a petition for a writ of certiorari seeking appellate review of an order granting summary judgment to the State in his application for post-conviction relief (PCR). Brown pled guilty to possession...

So. Carolina Dept. Social Svcs v. Smith  
Date: May 9, 2018
Docket Number: 27797

Justia Opinion Summary: Petitioners Edward and Tammy Dalsing (Foster Parents) sought to adopt a young girl (Child). Foster Parents' private action for termination of parental rights (TPR) and adoption was consolidated with the South Carolina De...

South Carolina v. Miller  
Date: May 9, 2018
Docket Number: 27798

Justia Opinion Summary: Jonathan Miller appealed his conviction for possession of crack cocaine. He argued the trial court erred in denying his motion to suppress drug evidence seized during an inventory search of his vehicle after he was arres...

MO-018 - Rocquemore v. State
Date: April 25, 2018
Docket Number: 2018
State v. Beaty
Date: April 25, 2018
Docket Number: 27693
Gary v, Askew
Date: April 25, 2018
Docket Number: 27791
Amisub v. SCDHEC  
Date: April 25, 2018
Docket Number: 27792

Justia Opinion Summary: Petitioner Charlotte-Mecklenburg Hospital Authority, d/b/a Carolinas Medical Center-Fort Mill sought a writ of certiorari to review the court of appeals' decision in Amisub of South Carolina, Inc. v. South Carolina Depar...

Hartsock v. Goodyear  
Date: April 25, 2018
Docket Number: 27793

Justia Opinion Summary: The Fourth Circuit Court of Appeals certified a question of South Carolina law to the South Carolina Supreme Court. Sarah Hartsock was killed in an automobile crash on Interstate 26 in Calhoun County, South Carolina. Her...

Garren v. South Carolina  
Date: April 25, 2018
Docket Number: 27794

Justia Opinion Summary: Respondent Brandon Garren pled guilty to assault and battery of a high and aggravated nature (ABHAN) and criminal domestic violence of a high and aggravated nature (CDVHAN) in connection with a series of brutal attacks o...

South Carolina v. Beaty  
Date: April 25, 2018
Docket Number: 27795

Justia Opinion Summary: Appellant Michael Beaty Jr. was convicted of murdering Emily Asbill (Victim), for which he received a life sentence. The South Carolina Supreme Court affirmed Appellant's conviction on December 29, 2016. In affirming App...

Stoney v. Stoney
Date: April 18, 2018
Docket Number: 27758
Kiawah Development v. SCDHEC  
Date: April 18, 2018
Docket Number: 27790

Justia Opinion Summary: This litigation arose after Respondent Kiawah Development Partners, II (KDP) applied for a permit to build an erosion control structure consisting of a bulkhead and revetment along the Kiawah River on Captain Sam's Spit...

MO-017 - Pavilion Development v. Nexsen Pruet
Date: April 11, 2018
Docket Number: 2018
Ex Parte: Carter  
Date: April 11, 2018
Docket Number: 27786

Justia Opinion Summary: Petitioner Nila Collean Carter sought to revoke her consent to the adoption of her two biological children. Throughout the proceedings, Petitioner was never provided an opportunity to be heard on the merits of her claim...

MO-014 - Spagnoli v. State
Date: April 4, 2018
Docket Number: 2018
In the Matter of Francis Deslauriers
Date: April 4, 2018
Docket Number: 27788
Nero v. SCDOT  
Date: April 4, 2018
Docket Number: 27789

Justia Opinion Summary: Respondent Otis Nero filed a workers' compensation claim alleging he sustained injuries to his back and shoulder while on the job. The single commissioner found respondent suffered an injury by accident arising out of an...

MO-012 - Concerned Riverchase v. Riverchase Estates
Date: March 30, 2018
Docket Number: 2018
In the Matter of Joel F. Geer
Date: March 28, 2018
Docket Number: 27787
Thompson v. South Carolina  
Date: March 21, 2018
Docket Number: 27785

Justia Opinion Summary: In 2008, Petitioner Yancey Thompson was convicted of first degree criminal sexual conduct (CSC) with a minor, second degree CSC with a minor, and disseminating obscene material to a minor. He was sentenced to concurrent...

Ex Parte: Carter  
Date: March 21, 2018
Docket Number: 27786

Justia Opinion Summary: Petitioner Nila Carter sought to revoke her consent to the adoption of her two biological children. Petitioner was never provided an opportunity to be heard on the merits of her claim before the adoption was finalized. T...

In the Matter of Rose Marie Cooper
Date: March 14, 2018
Docket Number: 27777
In the Matter John W. Bledsoe, III
Date: March 14, 2018
Docket Number: 27778
In the Matter of Stephen A. Yacobi
Date: March 14, 2018
Docket Number: 27779
In the Matter of John W. Swan
Date: March 14, 2018
Docket Number: 27780
In the Matter of J. Marcus Whitlark
Date: March 14, 2018
Docket Number: 27781
Gooldy v. The Storage Center  
Date: March 14, 2018
Docket Number: 27782

Justia Opinion Summary: The issue this case presented for the South Carolina Supreme Court’s review centered on whether Petitioner David Gooldy was entitled to an implied easement where his deed incorporated by reference a plat that indicated a...

Roddey v. Wal-Mart  
Date: March 14, 2018
Docket Number: 27783

Justia Opinion Summary: This appeal presents the South Carolina Supreme Court with the opportunity to revisit Roddey v. Wal-Mart Stores E., LP, 784 S.E.2d 670 (2016), wherein the Court reversed and remanded for a new trial after determining the...

Milledge v. South Carolina  
Date: March 14, 2018
Docket Number: 27784

Justia Opinion Summary: Respondent Michael Milledge was arrested and convicted of multiple drug-related offenses in Greenville County following a traffic stop. Milledge applied for post-conviction relief (PCR), arguing his defense counsel was d...

South Carolina v. Alston  
Date: March 7, 2018
Docket Number: 27774

Justia Opinion Summary: Stepheno Alston was tried in absentia and convicted by a jury of trafficking in cocaine. The trial judge sentenced Alston to twenty-five years' imprisonment. On appeal, the Court of Appeals affirmed Alston's conviction a...

Richland County v. So. Carolina Dept. of Revenue  
Date: March 7, 2018
Docket Number: 27775

Justia Opinion Summary: This direct cross-appeal to the South Carolina Supreme Court involved the scope of the authority the Department of Revenue (DOR) to enforce various provisions of state law relating to the imposition of a transportation p...

County of Florence v. West Florence Fire District  
Date: March 7, 2018
Docket Number: 27776

Justia Opinion Summary: Florence County challenged the validity of the West Florence Fire District, arguing that it violated the South Carolina Supreme Court's decision in Wagener v. Smith, 71 S.E.2d 1 (1952) and conflicted with the state's con...

MO-007 - Brooks v. State
Date: February 28, 2018
Docket Number: 2018
Fisher v. Huckabee  
Date: February 28, 2018
Docket Number: 27765

Justia Opinion Summary: At issue in this appeal was a question of who could bring a civil action on behalf of the estate of a deceased person when the personal representative of the estate is also a potential defendant in the action. Alice Shaw...

South Carolina v. Ledford  
Date: February 28, 2018
Docket Number: 27766

Justia Opinion Summary: David Ledford was indicted for inflicting great bodily injury upon a child. The jury was sworn, and the case was tried up to the point of the charge conference between the trial court and the attorneys. During the charge...

Collins v. South Carolina  
Date: February 28, 2018
Docket Number: 27767

Justia Opinion Summary: A jury convicted Marshall Collins of trafficking methamphetamine (third offense), and possession of a weapon during the commission of a violent crime. The trial judge sentenced Collins to an aggregate twenty-five years'...

South Carolina v. Samuel  
Date: February 28, 2018
Docket Number: 27768

Justia Opinion Summary: The South Carolina Supreme Court clarified the proper scope of a circuit judge's inquiry under Faretta v. California, 422 U.S. 806 (1975), when a criminal defendant knowingly, intelligently, and voluntarily waives his ri...

Taylor v. South Carolina  
Date: February 28, 2018
Docket Number: 27769

Justia Opinion Summary: This case appeal presented a post-conviction relief (PCR) matter in which Petitioner Gregg Taylor, a Jamaican citizen, pled guilty to a drug offense. Petitioner resided in South Carolina for years with his wife and two c...

Eades v. Palmetto Cardiovascular  
Date: February 28, 2018
Docket Number: 27770

Justia Opinion Summary: Johnny Eades sought treatment from numerous healthcare providers, including Petitioners Palmetto Primary Care Physicians, LLC and Trident Emergency Physicians, LLC, for a blockage and aneurysm of the left iliac artery in...

Donevant v. Town of Surfside Beach  
Date: February 28, 2018
Docket Number: 27771

Justia Opinion Summary: The court of appeals affirmed a jury verdict for Jacklyn Donevant in her wrongful termination action against the Town of Surfside Beach, finding her cause of action fit within the public policy exception to the at-will e...

Hilton v. South Carolina  
Date: February 28, 2018
Docket Number: 27772

Justia Opinion Summary: Kenneth Hilton appealed the denial of post-conviction relief (PCR), claiming the PCR court did not obtain a knowing and intelligent waiver of his right to counsel before allowing him to represent himself at his PCR trial...

Wells Fargo Bank v. Fallon Properties  
Date: February 28, 2018
Docket Number: 27773

Justia Opinion Summary: The South Carolina Supreme Court addressed the novel issue of whether an email that provides written notice of entry of an order or judgment triggers the time for serving a notice of appeal for purposes of Rule 203(b)(1)...

MO-006 - McGaha v. State
Date: February 21, 2018
Docket Number: 2018
MO-004 - Nealey v. State
Date: February 7, 2018
Docket Number: 2018
Robinson v. South Carolina  
Date: February 7, 2018
Docket Number: 27762

Justia Opinion Summary: Petitioner Michael Robinson was indicted in 2013 on charges of first-degree criminal sexual conduct (CSC) with a minor. The alleged offenses occurred between 1998 and 2000. However, between 2001 and 2012, the CSC statute...

South Carolina v. Walker  
Date: February 7, 2018
Docket Number: 27763

Justia Opinion Summary: Elias Walker killed his father by repeatedly stabbing him with a sword in a motel room where they were living. Walker was twenty-two years old at the time of the crime. Pursuant to a plea agreement, Walker pled guilty bu...

Smalls v. South Carolina  
Date: February 7, 2018
Docket Number: 27764

Justia Opinion Summary: Petitioner Stephen Smalls was convicted by jury of armed robbery for the 2007 robbery of a Bojangles restaurant in Columbus. The trial court sentenced him to twenty-five years in prison. Smalls filed an application for P...

MO-002 - Randall Price v. State
Date: January 31, 2018
Docket Number: 2018
Conits v. Conits
Date: January 17, 2018
Docket Number: 27749
MO-001 - Long Grove v. Long Grove
Date: January 10, 2018
Docket Number: 2018
In the Matter of Paul Owen
Date: January 10, 2018
Docket Number: 27760
Bowman v. South Carolina  
Date: January 10, 2018
Docket Number: 27761

Justia Opinion Summary: Petitioner Marion Bowman sought post-conviction relief (PCR) from his sentence of death for the 2001 murder of Kandee Martin. Essentially, petitioner argued his trial counsel was deficient in failing to object to the Sta...

S.C. Dep't of Soc. Servs. v. Boulware  
Date: January 3, 2018
Docket Number: 27759

Justia Opinion Summary: In this case, the South Carolina Supreme Court had to decide whether Petitioners Edward and Tammy Dalsing had standing to pursue a private action to adopt a child who had been placed in their foster care by the South Car...

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