South Carolina Supreme Court Decisions 2019

MO-033 - State v. Lott
Date: August 7, 2019
Docket Number: 2019
Anderson County v. Preston  
Date: August 7, 2019
Docket Number: 27912

Justia Opinion Summary: In November 2008, the Anderson County, South Carolina Council (2008 Council) approved a $1.1 million Severance Agreement for county administrator Joey Preston (Preston). In January 2009, a new county council (2009 Counci...

Felder v. South Carolina  
Date: August 7, 2019
Docket Number: 27913

Justia Opinion Summary: A jury convicted Antrell Felder of murder and possession of a firearm during the commission of a violent crime. Following a hearing on Felder's application for post-conviction relief ("PCR"), the PCR court issued an orde...

Cothran v. State Farm  
Date: August 7, 2019
Docket Number: 27914

Justia Opinion Summary: Wadette Cothran incurred approximately $40,000 in medical expenses from injuries she received in an automobile accident. Her employer's workers' compensation carrier paid all of her medical expenses. She was also covered...

Pantovich v. South Carolina  
Date: August 7, 2019
Docket Number: 27915

Justia Opinion Summary: Vladimir Pantovich killed his former girlfriend, Sheila McPherson, with a baseball bat during an argument in his home. He hit her with the bat more than ten times, breaking ribs, damaging internal organs, and causing lac...

South Carolina v. Burdette  
Date: July 31, 2019
Docket Number: 27910

Justia Opinion Summary: Shane Burdette shot and killed Evan Tyner (Victim). Victim died from a single shotgun pellet wound to the back of his neck. After the shooting, Burdette gave several inconsistent statements to law enforcement. The State'...

Fishburne v. South Carolina  
Date: July 31, 2019
Docket Number: 27911

Justia Opinion Summary: This case arose from the post-conviction relief (PCR) court's denial of relief to Derrick Fishburne. Because the PCR court's order contained no findings of fact as to one of Fishburne's primary PCR claims, the South Caro...

MO-032 - State v. Purnell
Date: July 24, 2019
Docket Number: 2019
Odom v. Town of McBee Election Comm  
Date: July 24, 2019
Docket Number: 27901

Justia Opinion Summary: At issue in this appeal was candidate Glenn Odom’s contest of a McBee Town Council election. The McBee Municipal Election Commission ruled on the contest, and Odom appealed the Commission's decision to the circuit court....

Neumayer v. Philadelphia Indemnity  
Date: July 24, 2019
Docket Number: 27902

Justia Opinion Summary: In 2013, a bus driven by Defendant Asia Partman struck Respondent Andrew Neumayer while he was a pedestrian in Cayce, South Carolina. EMS transported Neumayer to Lexington Medical Center where he was diagnosed with a rup...

South Carolina v. Cross  
Date: July 24, 2019
Docket Number: 27903

Justia Opinion Summary: James Cross was convicted of first-degree criminal sexual conduct (CSC) with a minor and committing a lewd act on a minor. The trial court sentenced Cross to an aggregate prison term of twenty-five years. Cross appealed,...

Wickersham v. Ford Motor Co  
Date: July 24, 2019
Docket Number: 27904

Justia Opinion Summary: The Fourth Circuit Court of Appeals certified two questions of law to the South Carolina Supreme Court. John Wickersham, Jr. was seriously injured in an automobile accident. After months of severe pain from the injuries...

Daufuskie Island v. SC Office of Regulatory Staff  
Date: July 24, 2019
Docket Number: 27905

Justia Opinion Summary: Daufuskie Island Utility Company, Inc. (DIUC) filed an application with the Public Service Commission for a rate increase for the water and sewer service it provides to residents of Daufuskie Island in Beaufort County. D...

Tucker v. SCDOT  
Date: July 24, 2019
Docket Number: 27906

Justia Opinion Summary: Johnny Tucker injured his shoulder on May 2, 2011, while working at the South Carolina Department of Transportation. The commission found he "sustained 5% permanent partial disability . . . for which he is entitled to fi...

Charleston County Assessor v. University Ventures  
Date: July 24, 2019
Docket Number: 27907

Justia Opinion Summary: In 2006, taxpayer University Ventures, LLC purchased a vacant lot in Charleston County, South Carolina (the Property). In 2008, Taxpayer received building permits to construct a hotel and pool on the Property. Constructi...

Stone v. Thompson  
Date: July 24, 2019
Docket Number: 27908

Justia Opinion Summary: This case initially came to the South Carolina Supreme Court for consideration of whether an order from a bifurcated hearing determining the existence of a common-law marriage was immediately appealable. The Court held i...

Progressive Direct v. Reeves  
Date: July 24, 2019
Docket Number: 27909

Justia Opinion Summary: The federal district court for the District of South Carolina certified a question of law to the South Carolina Supreme Court. The Supreme Court was asked to construe section 38-77-350(C) of the South Carolina Code (2015...

Martin v. South Carolina  
Date: July 17, 2019
Docket Number: 27900

Justia Opinion Summary: Petitioner Anthony Martin was convicted of armed robbery and criminal conspiracy in Aiken County, South Carolina. Petitioner alleged in his PCR application that his trial attorneys were ineffective for failing to elicit...

In the Matter of Melisa White Gay
Date: July 3, 2019
Docket Number: 27899
In the Matter of the Care & Treatment of Campbell  
Date: June 26, 2019
Docket Number: 27898

Justia Opinion Summary: A jury found Kenneth Campbell met the statutory definition of a sexually violent predator (SVP) under South Carolina's SVP Act, S.C. Code Ann. sections 44-48-10 to -170 (2018). Campbell appealed, and the court of appeals...

MO-030 - State v. Lake
Date: June 19, 2019
Docket Number: 2019
South Carolina v. Andrews  
Date: June 19, 2019
Docket Number: 27894

Justia Opinion Summary: The State of South Carolina petitioned for certiorari review of the Court of Appeals' decision in South Carolina v. Andrews, 818 S.E.2d 227 (Ct. App. 2018). After a fatal shooting at Respondent's home, Respondent was ind...

South Carolina v. Williams  
Date: June 19, 2019
Docket Number: 27895

Justia Opinion Summary: Jalann Williams was convicted for murder, shooting and killing his victim with an unlawfully-possessed pistol defendant intentionally brought to an illegal drug transaction. Williams argued the trial court erred in refus...

Harrison v. Owen Steel Company
Date: June 19, 2019
Docket Number: 27896
Johnson v. Roberts  
Date: June 19, 2019
Docket Number: 27897

Justia Opinion Summary: Petitioners Dr. John Roberts and the Medical University of South Carolina (MUSC) sought a writ of certiorari to review the court of appeals' decision in Johnson v. Roberts, 812 S.E.2d 207 (Ct. App. 2018). Respondent Clai...

MO-029 - State v. Campbell
Date: June 12, 2019
Docket Number: 2019
Mt. Hawley Insurance Company v. Contravest Construction  
Date: June 12, 2019
Docket Number: 27892

Justia Opinion Summary: The United States Court of Appeals for the Fourth Circuit certified a question of South Carolina law to the South Carolina Supreme Court. The underlying case was an insurance bad faith action against an insurance company...

South Carolina v. Williams  
Date: June 12, 2019
Docket Number: 27893

Justia Opinion Summary: Petitioner Gerald Williams was convicted of three counts of attempted murder related to his alleged shooting into an occupied mobile home where he knew his intended victim was present, but did not realize two other indiv...

MO-028 - Hobbs v. Fairway Oaks
Date: June 5, 2019
Docket Number: 2019
MO-026 - Green v. Bauerle
Date: May 29, 2019
Docket Number: 2019
South Carolina v. Pfeiffer  
Date: May 29, 2019
Docket Number: 27891

Justia Opinion Summary: In 2013, respondent Frederick Pfeiffer pled guilty to criminal conspiracy and two counts of securities fraud. The State and Pfeiffer entered into a negotiated plea. It was uncontested that the trial court sentenced Pfeif...

State v. Pradubsri
Date: May 22, 2019
Docket Number: 27890
MO-025 - State v. Missouri
Date: May 20, 2019
Docket Number: 2019
Hamrick v. South Carolina  
Date: May 15, 2019
Docket Number: 27886

Justia Opinion Summary: Daniel Hamrick appealed his conviction for felony driving under the influence resulting in great bodily injury. Hamrick argued the trial court erred in: (1) denying his motion to suppress test results from blood drawn wi...

South Carolina v. Heyward  
Date: May 15, 2019
Docket Number: 27887

Justia Opinion Summary: Petitioner Denzel Heyward was indicted for murder, attempted murder, armed robbery, and possessing a firearm during a crime of violence for an incident that resulted in the death of Kadeem Chambers. The jury could not re...

In the Matter of Edward P. McKenzie
Date: May 15, 2019
Docket Number: 27888
In the Matter of Ronald Wade Moak
Date: May 15, 2019
Docket Number: 27889
001171 - King v. King
Date: May 8, 2019
Docket Number: 2018
MO-023 - King v. King
Date: May 8, 2019
Docket Number: 2019
South Carolina v. Robinson  
Date: May 8, 2019
Docket Number: 27883

Justia Opinion Summary: Stephon Robinson was convicted of first-degree burglary and possession of a weapon during the commission of a violent crime. Robinson appealed, and the court of appeals remanded the matter to the trial court to conduct a...

Delaney v. First Financial  
Date: May 8, 2019
Docket Number: 27884

Justia Opinion Summary: In October of 2007, Petitioner Otha Delaney bought a 2003 Chevrolet pick-up truck from Coliseum Motors pursuant to a retail installment sales contract. The dealership subsequently assigned the contract to Respondent Firs...

Zeigler v. Dorchester County  
Date: May 8, 2019
Docket Number: 27885

Justia Opinion Summary: This case centered on the validity of a referendum question passed during the 2016 elections which granted the Dorchester County, South Carolina Council authority to issue up to $30 million in bonds for library facilitie...

MO-022 - Smalls v. State
Date: April 24, 2019
Docket Number: 2019
In the Matter of Fulton Casey Dale Cornwell
Date: April 24, 2019
Docket Number: 27864
State v. Otts
Date: April 24, 2019
Docket Number: 27880
In the Matter of Farzad Naderi
Date: April 24, 2019
Docket Number: 27881
In the Matter of Christopher Michael Ochoa
Date: April 24, 2019
Docket Number: 27882
MO-021 - State v. Parks
Date: April 17, 2019
Docket Number: 2019
Wilson v. Willis  
Date: April 10, 2019
Docket Number: 27879

Justia Opinion Summary: This appeal arose from fourteen lawsuits brought by various plaintiffs against (1) Laura Willis, an insurance agent; (2) Jesse Dantice, the insurance broker who hired Willis and made her the agent in charge of the insura...

MO-016 - Eaton v. State
Date: April 3, 2019
Docket Number: 2019
Russell v. Wal-Mart  
Date: April 3, 2019
Docket Number: 27875

Justia Opinion Summary: Pamela Russell injured her back in 2009 while working at a Wal-Mart store in Conway, South Carolina. The worker’s compensation commission found Russell suffered a 7% permanent partial disability, and awarded her twenty-o...

Stone v. Thompson  
Date: April 3, 2019
Docket Number: 27876

Justia Opinion Summary: The parties, Stone and Thompson, met in 1983 and began a romantic relationship. Thompson was married to another man at the time and obtained a divorce in 1987. Later that year, Stone and Thompson had their first child. A...

South Carolina v. Slocumb  
Date: April 3, 2019
Docket Number: 27877

Justia Opinion Summary: At age 13, petitioner Conrad Slocumb kidnapped and sexually assaulted a teacher before shooting her in the face and head five times and leaving her for dead. Three years later, following his guilty plea for the first set...

State v. Thompson
Date: April 3, 2019
Docket Number: 27878
Sierra Club v. SCDHEC  
Date: March 27, 2019
Docket Number: 27871

Justia Opinion Summary: This matter stemmed from the administrative law court's (ALC) decision to uphold the South Carolina Department of Health and Environmental Control's (DHEC) renewal of the license under which Chem-Nuclear Systems, LLC (Ch...

South Carolina v. Cervantes-Pavon  
Date: March 27, 2019
Docket Number: 27872

Justia Opinion Summary: The South Carolina Supreme Court granted Dennis Cervantes-Pavon's petition for a writ of certiorari to determine whether the court of appeals erred in affirming the circuit court's denial of immunity from prosecution und...

Marshall v. Dodds  
Date: March 27, 2019
Docket Number: 27873

Justia Opinion Summary: Virginia Marshall and her husband filed a medical malpractice claim against Dr. Kenneth Dodds (a nephrologist), Dr. Georgia Roane (a rheumatologist), and their respective practices, alleging negligent misdiagnosis agains...

Huffman v. Sunshine Recycling  
Date: March 27, 2019
Docket Number: 27874

Justia Opinion Summary: On May 16, 2010, seventy pounds of copper wire and fifty pounds of aluminum tie wire were stolen from Aiken Electric Cooperative, Inc. In total, the stolen wire was worth $463.19. The following day, Mark Goss, Aiken's Lo...

MO-014 - Kennedy v. Richland County School District Two
Date: March 20, 2019
Docket Number: 2019
Wright v. PRG Real Estate Management  
Date: March 20, 2019
Docket Number: 27868

Justia Opinion Summary: Denise Wright was abducted and robbed at gunpoint by two unknown assailants in a common area of an apartment complex (Wellspring) in which she resided. Wellspring was owned by Respondent Franklin Pineridge Associates and...

Shaw v. Psychemedics Corporation  
Date: March 20, 2019
Docket Number: 27869

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. Plaintiff was a former employee of BMW at its manufacturing facility in Spartanbu...

Sweeney v. Sweeney  
Date: March 20, 2019
Docket Number: 27870

Justia Opinion Summary: Although the trial court acknowledged Respondent Irene Sweeney would receive substantial income from her share of an investment account, it granted her alimony. The court of appeals affirmed, noting the family court exte...

MO-013 - State v. Kelly
Date: March 13, 2019
Docket Number: 2019
Skydive v. Horry  
Date: March 13, 2019
Docket Number: 27867

Justia Opinion Summary: Skydive Myrtle Beach, Inc. brought this lawsuit alleging Horry County, the Horry County Department of Airports, and several of their individually named employees improperly attempted to remove Skydive from the space it l...

Sentry Select Insurance v. Maybank Law Firm
Date: March 11, 2019
Docket Number: 27806
Sentry Select Insurance v. Maybank Law Firm  
Date: March 6, 2019
Docket Number: 27865

Justia Opinion Summary: Sentry Select Insurance Company brought a legal malpractice lawsuit in federal district court against the lawyer it hired to defend an insured in an automobile accident case. The district court requested the South Caroli...

Osbey v. South Carolina  
Date: March 6, 2019
Docket Number: 27866

Justia Opinion Summary: Robert Osbey pled guilty to criminal charges without counsel. He later applied for post-conviction relief (PCR) on the ground he did not waive his right to counsel. After review, the South Carolina Supreme Court reversed...

MO-009 - DiMarco v. DiMarco
Date: February 27, 2019
Docket Number: 2019
In the Matter of Jonathan L. B. Davis
Date: February 27, 2019
Docket Number: 27863
In the Matter of Fulton Casey Dale Cornwell
Date: February 27, 2019
Docket Number: 27864
MO-007 - McFarland v. Rashtchian
Date: February 6, 2019
Docket Number: 2019
Innovative Waste Management v. Crest Energy
Date: February 6, 2019
Docket Number: 27862
South Carolina v. Herrera  
Date: January 30, 2019
Docket Number: 27861

Justia Opinion Summary: In this case, Petitioner Daniel Herrera was convicted of "trafficking in" (meaning, possessing) between ten and 100 pounds of marijuana, which carried a substantial term of imprisonment. The penalty for possessing fewer...

MO-005 - State v. Cardwell
Date: January 23, 2019
Docket Number: 2019
South Carolina v. Cardwell  
Date: January 23, 2019
Docket Number: 27860

Justia Opinion Summary: Petitioner Sarah Cardwell appealed her convictions of two counts of unlawful conduct towards a child and two counts of first-degree sexual exploitation of a minor, arguing the trial court erred in denying her motion to s...

MO-003 - Taylor v. State
Date: January 16, 2019
Docket Number: 2019
In the Matter of Snow  
Date: January 16, 2019
Docket Number: 27858

Justia Opinion Summary: Daryl Snow appealed his commitment as a sexually violent predator under the Sexually Violent Predator Act. He argued his diagnosis of Other Specified Personality Disorder was legally insufficient to meet the constitution...

In the Matter of Meehan
Date: January 16, 2019
Docket Number: 27859
MO-001 - State v. Childers
Date: January 4, 2019
Docket Number: 2019
Lawrence v. General Panel Corp.  
Date: January 4, 2019
Docket Number: 27856

Justia Opinion Summary: The South Carolina Supreme Court accepted a certified question of South Carolina law from the federal district court, which stemmed from the construction of a home near Mount Pleasant, South Carolina. Mark Lawrence const...

SC Public Interest Foundation v. SC House  
Date: January 4, 2019
Docket Number: 27857

Justia Opinion Summary: Edward Sloan and the South Carolina Public Interest Foundation (collectively, Appellants) filed suit alleging Act 275 of 2016 violated article III, section 17 of the South Carolina Constitution (the One Subject Rule). Ap...

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