South Carolina Supreme Court Decisions 2018

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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