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South Carolina
Judicial Branch
Supreme Court Archived Videos

Wednesday, November 16, 2022

2021-000702 - The State v. Jody L. Ward

Jody Lynn Ward appeals his double homicide conviction and concurrent sentences of life imprisonment. He does so on the basis that after-acquired evidence, unavailable at the time of trial, shows that a member of a prosecution witness's family served on the jury. The Court of Appeals rejected his arguments and we granted certiorari to review.

2021-000987 - The State v. Jon Smart

The Court granted a petition for a writ of certiorari to review the court of appeals' decision in State v. Smart, 433 S.C. 651, 861 S.E.2d 383 (Ct. App. 2021). The Court will determine whether the court of appeals erred in affirming Petitioner's sentence of life without parole for an offense committed as a juvenile.

Tuesday, November 15, 2022

2022-000020 - Braden's Folly, LLC v. City of Folly Beach

This case involves an inverse condemnation and regulatory takings claim stemming from the effect the City of Folly Beach's merger ordinance had on several parcels of beachfront property that were developed after the beach had eroded and then re-accreted.

Wednesday, October 26, 2022

2021-001390 - USAA Casualty Insurance Company v. Vincent J. Rafferty, Jr., et al.

The United States District Court for the District of South Carolina certified the following question for this Court's consideration: Under South Carolina law, may an automobile insurer limit underinsured motorist property damage coverage to vehicles defined in its policy as "covered autos"?

2021-000243 - Nationwide v. Andrew Green

We certified this appeal to determine whether the circuit court erred in reforming Nationwide's underinsured motorist endorsement to include broader property damage coverage than that provided in the Nationwide policy.

Tuesday, October 25, 2022

2021-000313 - The State v. Tappia Deangelo Green

The Court granted a writ of certiorari to review the court of appeals' decision in State v. Green, 432 S.C. 572, 854 S.E.2d 626 (Ct. App. 2021).

2021-001052 - The State v. Joshua C. Reher

Petitioner Joshua Reher was acquitted of attempted murder but found guilty of the lesser-included offense of assault and battery of a high and aggravated nature and possession of a weapon during the commission of a violent crime. The issue on appeal concerns the admission of videos and photographs of a firearms experiment conducted by the State's investigator. The trial court allowed the State to admit this evidence, and the court of appeals affirmed.

Wednesday, October 19, 2022

2022-001062 - Planned Parenthood South Atlantic, et al. v. State of South Carolina, et al.

This Court has granted a petition for original jurisdiction to consider whether the South Carolina Fetal Heartbeat and Protection from Abortion Act, Sections 44-41-610 to -740 of the South Carolina Code, violates several provisions of the South Carolina Constitution.

Wednesday, September 14, 2022

2021-000425 - The State v. Russell Levon Johnson

A jury convicted Russell Levon Johnson of first-degree criminal domestic violence, and the court of appeals reversed. State v. Johnson, Op. No. 5788 (S.C. Ct. App. filed Jan. 13, 2021). We granted the State's petition for writ of certiorari to determine whether the court of appeals reversed on an unpreserved issue.

2021-000941 - The State v. Corey J. Brown

We granted a petition for a writ of certiorari to review the decision of the court of appeals in State v. Brown, Op. No. 2021-UP-253 (S.C. Ct. App. filed July 7, 2021), which reversed the trial court's decision to grant Petitioner a new trial and remanded the case for more specific findings on the materiality of nondisclosed evidence. On appeal, we shall consider Petitioner's arguments that the court of appeals erred because he was entitled to a new trial under Brady v. Maryland, 373 U.S. 83 (1963).

Tuesday, September 13, 2022

2021-001389 - Anthony Denson, as personal representative, etc. v. National Casualty Company

The following certified question is before the Court: May a person entitled to bring a dram-shop action against a business maintain a negligence action against the business's insurer where the insurer failed to notify the South Carolina Department of Revenue of the business's lapse in or termination of liquor liability coverage in violation of S.C. Code Ann. ยง 61-2-145(C) and the business did not have liquor liability coverage at the time of the underlying accident?

2022-000094 - Lucinda Ruh v. Metal Recycling Services, LLC

The Court will answer the following certified question from the United States Court of Appeals for the Fourth Circuit: Under South Carolina law, can an employer be subject to liability for harm caused by the negligent selection of an independent contractor?

Wednesday, June 8, 2022

2021-000062 - The State v. John McCarty

We granted a petition for a writ of certiorari to review the decision of the court of appeals in State v. McCarty, 2020-UP-269 (S.C. Ct. App. filed Sept. 23, 2020), which affirmed the trial court's denial of Petitioner's motion for immunity from prosecution pursuant to the South Carolina Protection of Persons and Property Act. On appeal, we shall consider Petitioner's arguments that the court of appeals erred in holding (1) the trial court did not abdicate its role as the fact-finder by ruling a jury, not the court, must decide whether the individual Petitioner was defending was without fault in bringing on the difficulty; and (2) the trial court did not err in failing to find Petitioner was entitled to immunity.

2021-001209 - Sullivan Management, LLC v. Fireman's Fund Insurance Company, et al.

The federal district court certified the following questions: 1. Does the presence of COVID-19 in or near Sullivan's properties, and/or related governmental orders, which allegedly hinder or destroy the fitness, habitability or functionality of property, constitute "direct physical loss or damage" or does "direct physical loss or damage" require some permanent dispossession of the property or physical alteration to the property? a. Do other policy terms, e.g., those in the Communicable Disease Coverage Extension, evidence that COVID-19 can constitute "direct physical loss or damage"? b. Is the phrase "direct physical loss or damage to property" ambiguous? 2. Do the Policy's Business Access and/or Civil Authority coverage require a complete prohibition of all access to Sullivan's properties? 3. Has there been a "communicable disease event" as that term is used in the Communicable Disease Coverage Extension? 4. Does Sullivan's alleged expenditures to mitigate COVID-19 qualify for Loss Avoidance or Mitigation Coverage? 5. Does the Mortality and Disease Exclusion bar all coverage or is it ambiguous and/or is it in conflict with the Communicable Disease Coverage Extension?

2021-000632 - The State v. David Matthew Carter

The Court granted a petition for a writ of certiorari to review the court of appeals' decision in State v. Carter, 433 S.C. 352, 857 S.E.2d 910 (Ct. App. 2021).

Thursday, May 19, 2022

2020-001595 - The State v. Charles Brandon Rampey

The question before the Court is whether the court of appeals erred in reversing Charles Rampey's conviction based on an Allen charge that the court of appeals determined was unconstitutionally coercive.

2020-001665 - The State v. Stewart Jerome Middleton

A jury convicted Stewart Jerome Middleton of third-degree criminal sexual conduct, and the court of appeals affirmed. State v. Middleton, Op. No. 2020-UP-271 (S.C. Ct. App. filed Sept. 30, 2020). The Court granted a writ of certiorari to review the court of appeals' opinion and determine whether the trial court erred in allowing a detective to testify that Middleton failed to show up for interview appointments and delayed giving a statement to the police.

Wednesday, May 18, 2022

2021-000149 - ArrowPointe Federal Credit Union v. Jimmy Eugene Bailey

This Court granted a writ of certiorari to review the court of appeals' decision in ArrowPointe Federal Credit Union v. Bailey, 423 S.C. 373, 852 S.E.2d 473 (Ct. App. 2020). We will determine whether South Carolina law recognizes the doctrine of replacement mortgage, and if so, whether the doctrine applies in this case.

2021-000174 - Amy Kovach v. Joshua Whitley

The Court granted a writ of certiorari to review the court of appeals' decision in Kovach v. Whitley, Op. No. 2020-UP-336 (S.C. Ct. App. filed Dec. 9, 2020).

Tuesday, May 17, 2022

2020-001434 - The State v. Sidney Moorer

The Court will hear arguments as to whether the court of appeals erred in affirming the trial court's denial of petitioner's directed verdict motion based upon its conclusion that petitioner's lies and omissions to police constituted obstruction of justice.

2021-000786 - Boyd Rashaeen Evans v. State

The Court granted a writ of certiorari to review the court of appeals' decision in Evans v. State, Op. No. 2021-UP-099 (S.C. Ct. App. filed March 31, 2021). The Court will determine whether the circuit court erred in denying Evans post-conviction relief based on his ineffective assistance of counsel claim.

Thursday, April 28, 2022

2021-000076 - The State v. Craig C. Busse

The Court granted a writ of certiorari to review the court of appeals' decision in State v. Busse, 2020-UP-307 (S.C. Ct. App. filed Nov. 12, 2020). The Court will determine whether the solicitor improperly vouched for the victim's credibility in his closing argument.

2021-000137 - Cleo Sanders v. Savannah Highway Automotive

The Court granted a writ of certiorari to review the court of appeals' decision in Sanders v. Savannah Highway Automotive Co., 432 S.C. 328, 852 S.E.2d 744 (Ct. App. 2020). We will decide whether the circuit court erred in denying Petitioners' motion to compel arbitration and granting Sanders' motion to compel discovery.

Wednesday, April 27, 2022

2020-001693 - State Farm v. Myra Windham

Myra Windham was injured in an automobile accident while driving a rental car she purportedly used as a temporary substitute vehicle. The issue before the Court is whether she can stack her UIM coverage from five vehicles listed on her insurance policy. The circuit court determined she could not stack UIM coverage, but the court of appeals reversed.

Wednesday, April 6, 2022

2021-000343 - SC Public Interest Foundation v. Alan Wilson

Attorney General Alan Wilson hired two private law firms to represent the State in litigation related to the storage of weapons-grade plutonium at the Savannah River Site. After reaching a settlement agreement with the federal government, Wilson transferred $75 million in attorneys' fees to the law firms. Appellants filed suit against Wilson and the law firms, alleging the transfer was unconstitutional and unreasonable. The circuit court granted Respondents' motions to dismiss for lack of standing, and we certified the appeal to consider whether the circuit court's dismissal was proper.

2021-000005 - Stephany A. Connelly v. The Main Street America Group

The Court granted a writ of certiorari to review the court of appeals' decision in Connelly v. Main Street America Group, 432 S.C. 122, 850 S.E.2d 627 (Ct. App. 2020).

Tuesday, April 5, 2022

2020-001371 - Barry Clarke v. Fine Housing, Inc.

The Court granted a writ of certiorari to review the court of appeals' decision in Clarke v. Fine Housing, Inc., Op. No. 2020-UP-238 (S.C. Ct. App. filed Aug. 12, 2020). The Court will decide whether the trial court correctly determined that Petitioner could exercise a right of first refusal to acquire certain real property.

2021-000332 - The State v. Tyrone A. Wallace, Jr.

The Court granted a writ of certiorari to review the court of appeals' decision in State v. Wallace, 2021-UP-029 (S.C. Ct. App. filed Jan. 27, 2021). The Court will determine whether an expert witness was properly qualified to give an opinion regarding cell site location information.

Thursday, March 17, 2022

2020-001414 - The State v. Johnathan Green

The Court granted a writ of certiorari to review the court of appeals' decision in State v. Green, Op. No. 2020-UP-219 (S.C. Ct. App. filed July 22, 2020).

2021-000165 - Glenn Odom v. McBee Municipal Election Commission

This case arises out of the September 1, 2020 election for Mayor and two open seats on Town Council in the Town of McBee. Following the election, several candidates filed a protest, and the McBee Municipal Election Commission ultimately called for a new election, and the circuit court reversed.

Wednesday, March 16, 2022

2020-001399 - The State v. Jaron L. Gibbs

Jaron Lamont Gibbs was convicted of murder and possession of a weapon during the commission of a violent crime. We granted Gibbs a writ of certiorari to review the court of appeals' decision in State v. Gibbs, 431 S.C. 313, 847 S.E.2d 495 (Ct. App. 2020). The Court will determine whether the trial court erred in (1) allowing a lay witness to testify about single and double action revolvers and (2) allowing the State to reference the witness's testimony in its closing argument.

2021-000044 - Randall Seels v. Joe Smalls

This Court granted a petition for a writ of certiorari to review the decision of the court of appeals in Seels v. Smalls, Op. No. 2020-UP-275 (S.C. Ct. App. filed Sept. 30, 2020), which held the family court properly retained jurisdiction to rule on an action seeking the equitable apportionment of marital assets after one of the parties died during the pendency of the action.

Tuesday, March 15, 2022

2020-001405 - The State v. Michael Frasier, Jr.

The issue before the Court concerns whether the court of appeals erred in affirming the trial court's denial of Petitioner's motion to suppress evidence collected during a traffic stop.

2020-001278 - In the Matter of Francis A. Oxner

The Court granted a writ of certiorari to review the court of appeals' decision in In the Matter of Care & Treatment of Oxner, 430 S.C. 555, 846 S.E.2d 365 (Ct. App. 2020). The Court will consider whether Oxner was "convicted of a sexually violent offense" and, thus, subject to the Sexually Violent Predator Act; and whether Oxner was afforded his constitutional rights to effective assistance of counsel and to a speedy trial in connection with his hearing under subsection 44-48-100(B) of the South Carolina Code (2018).

Thursday, February 3, 2022

2020-001390 - The State v. Tiffany Ann Sanders

The Court granted a writ of certiorari to review the court of appeals' decision in State v. Sanders, Op. No. 2020-UP-237 (S.C. Ct. App. filed Aug. 12, 2020).

Wednesday, February 2, 2022

2020-001345 - The State v. Angela D. Brewer

In this appeal from Petitioner's conviction of homicide by child abuse, two issues are before the Court: 1) whether the trial court erred in admitting Petitioner's statements despite her intoxicated state, and 2) whether the admission of lab results were testimonial in nature, which would have implicated Petitioner's Sixth Amendment right to confrontation.

2020-001494 - Misty A. Morris v. BB&T Corporation

The Court granted a writ of certiorari to review the court of appeals' decision in Morris v. BB&T Corp., Op. No. 2020-UP-235 (S.C. Ct. App. withdrawn, substituted, and refiled Nov. 4, 2020). The Court will determine whether a calendaring mistake constitutes good cause for purposes of reinstating an appeal and whether the Commission erred in failing to consider that appeal on the merits.

Tuesday, February 1, 2022

2020-001261 - Hubert Brown v. State

Hubert Brown was convicted of first-degree burglary and attempted murder. After his convictions and sentences were affirmed on direct appeal, Brown applied for and was granted post-conviction relief ("PCR"). This Court granted the State's petition for a writ of certiorari to review the Court of Appeals' decision in Brown v. State, Op. No. 2020-UP-144 (S.C. Ct. App. filed August. 19, 2020), which affirmed the grant of PCR. The State contends the Court of Appeals erred in holding trial counsel was constitutionally ineffective in failing to object to a jury instruction and failing to object to the admission of evidence and testimony from expert witnesses.

2020-001048 - Patricia Damico v. Lennar Carolinas

The Court granted a writ of certiorari to review the court of appeals' decision in Damico v. Lennar Carolinas, LLC, 430 S.C. 188, 844 S.E.2d 66 (Ct. App. 2020).

Wednesday, January 12, 2022

2020-001101 - The State v. Ronald Hakeem Mack

The Court granted a writ of certiorari to review the court of appeals' decision in State v. Mack, 2020-UP-148 (S.C. Ct. App. filed May 20, 2020). The Court will determine whether a trial court's order granting a motion for resentencing is immediately appealable.

2020-001263 - Cheryl DiMarco v. Brian DiMarco

This appeal stems from numerous family court orders regarding the equitable division of certain investment accounts. We granted Husband's petition for a writ of certiorari to review the court of appeals' decision in DiMarco v. DiMarco, Op. No. 2020-UP-197 (S.C. Ct. App. filed June 25, 2020). At issue is whether the court of appeals erred in (1) holding the family court's 2017 order impermissibly modified its prior orders and (2) instructing the family court that it must consider an appointed accountant's calculation on remand.

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