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South Carolina
Judicial Department
Supreme Court Archived Videos

Thursday, December 13, 2018

2016-001351-2 - Sentry Select Insurance Company v. Maybank Law Firm, LLC, et al.

The Court answers two certified questions from the U.S. District Court concerning legal malpractice claims.

2016-000864 - Randall Green v. Wayne Bauerle

Randall and Ann Green filed an action against Wayne B. Bauerle, M.D. and Wayne B. Bauerle, M.D., P.C. (collectively, Bauerle) and other defendants for medical malpractice and loss of consortium. The Greens settled or dismissed their claims against other defendants, and the circuit court partially granted Bauerle's motion for setoff based on those settlements. The court of appeals affirmed. Green v. Bauerle, Op. No. 2016-UP-052 (S.C. Ct. App. filed Feb. 3, 2016). We granted cross-petitions for writs of certiorari to review the court of appeals' decision.

2016-001512 - Richard Wilson v. Laura B. Willis

In a matter consisting of consolidated appeals from fourteen lawsuits involving several insurers, individual insureds and agents, and an insurance agency, the Court of Appeals ordered the parties into arbitration based on an arbitration clause contained in an agency contract that was entered into only by certain insurers and an insurance agency. This Court granted petitions for a writ of certiorari to review the decision of the Court of Appeals in Wilson v. Willis, 416 S.C. 295, 786 S.E.2d 571 (Ct. App. 2016) in which the parties dispute the applicability of the arbitration clause.

Wednesday, December 12, 2018

2017-002538 - Wilmot Shaw v. Psychemedics Corporation

The United States District Court for the District of South Carolina asks this Court to determine, under South Carolina law, whether a drug testing laboratory that has a contract with an employer to conduct and evaluate drug tests owe a duty of care to the employees who are subject to the testing so as to give rise to a cause of action for negligence for failure to properly and accurately perform the test and report the results.

2015-002031 - State v. Conrad Lamont Slocumb

The Court considers whether an aggregate 130-year sentence imposed upon Petitioner for offenses committed while he was a juvenile violate the Eighth or Fourteenth Amendments to the United States Constitution.

2018-000617 - State of South Carolina v. Kadelle Childers

In its original jurisdiction, the Court decides whether a circuit court has the authority to conduct post-indictment preliminary hearings in criminal matters.

Thursday, November 29, 2018

2017-001033 - In the Matter of Daryl Snow

The Court issued a writ of certiorari to review the court of appeals' decision in Matter of Snow, Op. No. 2017-UP-009 (S.C. Ct. App. filed Jan. 11, 2017), in which the court of appeals affirmed Petitioner's commitment under the South Carolina Sexually Violent Predator Act.

2017-001277 - The State v. Michael Gentile

Michael Edward Gentile was convicted of committing a lewd act on a minor. The court of appeals affirmed. State v. Gentile, Op. No. 2017-UP-108 (S.C. Ct. App. filed Mar. 8, 2017). This Court granted Gentile's petition for a writ of certiorari to address whether the court of appeals erred in upholding the trial court's denial of Gentile's motion to quash the indictment for committing a lewd act on a minor.

Wednesday, November 28, 2018

2017-000979 - First Citizens Bank v. Park at Durbin Creek

First Citizens Bank and Trust Company, Inc., a judgment creditor, brought an action against defendants, seeking to set aside a conveyance of property from petitioner Kenneth Clifton and defendant Linda Whiteman to petitioner Park at Durbin Creek, LLC as fraudulent under the Statute of Elizabeth. After a bench trial, the circuit judge issued an order setting aside the conveyance as fraudulent. The Court of Appeals affirmed. First Citizens Bank & Tr. Co., Inc. v. Park at Durbin Creek, LLC, 419 S.C. 333, 797 S.E.2d 409 (Ct. App. 2017). This Court granted petitioners' writ of certiorari to determine whether the Court of Appeals erred in affirming the circuit judge's order setting aside only half of the alleged fraudulent conveyance.

2018-000566 - Betty Fisher and Lisa Fisher v. Bessie Huckabee

This case involves an appeal from a will contest involving claims of undue influence and revocation. Appellants also appeal an order imposing sanctions on them under the South Carolina Frivolous Proceedings Act and Rule 11, SCRCP.

2018-000662 - Ex Parte: John Hughes Cooper (Fisher v. Huckabee)

This case involves an appeal by an in-state attorney who was sanctioned as a result of actions taken during his association with an out-of-state attorney's pro hac vice admission.

Thursday, November 8, 2018

2017-000683 - Otha Delaney v. First Financial

We granted certiorari to review the court of appeals' decision affirming the circuit court's grant of Respondent's motion to dismiss based on the untimeliness of Petitioner's action seeking statutory damages for Respondent's alleged failure to send him reasonable notification of the disposition of collateral, pursuant to Article 9 of the UCC.

2017-001382 - Skydive Myrtle Beach, Inc. v. Horry County

The Court granted certiorari to review the court of appeals' decision in Skydive Myrtle Beach, Inc. v. Horry County, Op. No. 2017-UP-118 (S.C. Ct. App. filed Mar. 8, 2017), in which the court of appeals affirmed the circuit court's order dismissing Petitioner's complaint with prejudice.

2018-001455 - The Senate of the State of South Carolina, et al. v. His Excellency Henry D. McMaster, et al.

The Court granted a petition for original jurisdiction to review South Carolina Governor Henry D. McMaster's appointment of Charles Condon as Chair of the Board of Directors of the South Carolina Public Service Commission (Santee Cooper) while the South Carolina Senate was in recess.

Wednesday, November 7, 2018

2016-002360 - Arkay v. City of Charleston

Petitioners were denied a special exception use permit and a variance by the City of Charleston Board of Zoning Appeals to operate a horse carriage stable within the historic Market Street District. The circuit court reversed and ordered Petitioners be given a special exception use permit. The court of appeals then reversed the circuit court. Arkay, LLC v. City of Charleston, 418 S.C. 86, 791 S.E.2d 305 (Ct. App. 2016). This Court granted Petitioners a writ of certiorari to review the court of appeals' decision.

2016-001975 - The State v. Michael S. Simmons

Appellant was convicted of six counts of sexual exploitation of a minor in the second degree. The Court certified this case for review pursuant to Rule 204(b), SCACR, to consider the following issues on appeal: (1) whether section 16-15-405 of the South Carolina Code, which criminalizes the sexual exploitation of a minor, is unconstitutionally overbroad; (2) whether the trial court erred in finding Appellant opened the door to the introduction of a computer forensic examiner's testimony regarding the contents of an external hard drive; (3) whether the trial court erred in refusing to suppress evidence seized pursuant to a search warrant; and (4) whether the trial court erred in refusing to instruct the jury on third-party guilt.

2017-001160 - Jeffrey Kennedy v. Richland Sch. Dist. Two

The Court granted certiorari to review the court of appeals' decision in Kennedy v. Richland Cty. Sch. Dist. Two, Op. No. 2017-UP-040 (S.C. Ct. App. filed Jan. 25, 2017).

Thursday, October 18, 2018

2018-000395 - Gerard E. Ziegler v. Dorchester County

This appeal is before the Court pursuant to Rule 203 of the South Carolina Appellate Court Rules. The Court reviews the circuit court's dismissal of Appellants' complaint.

2017-000727 - The State v. Jalann Williams

Jalann Lee Williams was convicted of murder and possession of a weapon during the commission of a violent crime. The court of appeals affirmed. State v. Williams, Op. No. 2017-UP-015 (S.C. Ct. App. filed Jan. 11, 2017). The Court issued a writ of certiorari to address whether the trial court erred in refusing to charge the jury on self-defense.

Wednesday, October 17, 2018

2016-002204 - The State v. Jimmy Turner

The Court granted certiorari to review the Court of Appeals' decision in State v. Turner, Op. No. 2016-UP-411 (S.C. Ct. App. filed September 21, 2016), in which the Court of Appeals (1) reversed the trial court's decision to admit an expert witness's testimony that she recommended the alleged victim seek therapy and have no contact with the alleged perpetrator, and (2) determined that the trial court's decision to admit the testimony was not harmless error.

2017-001638 - SC Public Interest Foundation v. SC House of Representatives

The Court considers an Article III, Section 17 challenge to Act 275 of the South Carolina General Assembly.

2016-002150 - Lynne Vicary v. Town of Awendaw

The Court granted certiorari to review the court of appeals' decision holding Petitioners Lynne Vicary, Kent Prause, and the South Carolina Coastal Conservation League lacked standing to challenge Respondent Town of Awendaw's annexation of a tract of land and a separate ten-foot strip of land in the Francis Marion National Forest.

2016-002523 - The State v. Daniel Martinez Herrera

The Court issued a writ of certiorari to review the court of appeals' decision in State v. Herrera, Op. No. 2016-UP-424 (S.C. Ct. App. filed Oct. 12, 2016).

Tuesday, October 16, 2018

2017-000227 - A. Marion Stone, III v. Susan B. Thompson

Respondent filed an action in the Family Court of Charleston County alleging he and petitioner had entered into a common law marriage and seeking divorce, equitable distribution, and other relief. The family court bifurcated the case to determine first whether a common law marriage existed, ultimately determining it did. Petitioner appealed, but the court of appeals determined the family court order was not final and appealable. This Court granted certiorari to review the court of appeals' decision.

2018-001068 - Allstate Vehicle and Property Insurance Company v. Rose Wadford Hunter, et al.

The Court answers the district court's certified question.

2015-001909 - Piedmont Natural Gas v. Richeous Smith

Piedmont Natural Gas Company, Inc., (Piedmont) brought a condemnation action. The master-in-equity determined the landowners were entitled to $414,752 for the taking, which included diminution of value due to a negative conception in the marketplace caused by fear or stigma associated with proximity to a natural gas pipeline. In this cross-appeal, Piedmont argues the master erred in: (1) awarding "stigma damages"; (2) denying Piedmont's motion to exclude testimony of the landowners' expert on "stigma damages"; (3) admitting lay testimony regarding diminution in property value; and (4) improperly considering mediation in this matter and settlements in other cases. The landowners argue the master erred in finding statutory interest on an award of just compensation in a condemnation action accrues only on the difference between the tender of payment and the verdict awarded. We transferred this case to this Court pursuant to South Carolina Appellate Court Rule 204(b).

Wednesday, September 19, 2018

2017-002350 - Mark Lawrence v. General Panel Corp.

The United States District Court for the District of South Carolina asks this Court to address whether 2005 South Carolina Laws Act 27 (H.B. 3008) amended South Carolina Code § 15-3-640 so that, in an action for damages based upon a defective improvement to new-construction real property, the date of "substantial completion of the improvement" is measured from the date of the certificate of occupancy (unless the parties establish a different date by written agreement), superseding this Court's decision in Ocean Winds Corp. of Johns Island v. Lane, 556 S.E.2d 377 (2001)?

2017-000739 - Tommy S. Adams v. The State

This Court reviews the court of appeals' decision in Adams v. State, Op. No. 2016-UP-515 (S.C. Ct. App. filed December 14, 2016), affirming the circuit court's denial of post-conviction relief. The Court is asked whether trial counsel was ineffective for failing to rebut a statement introduced at trial or for failing to take action regarding a communication between court staff and a juror during deliberations.

2016-002547 - The State v. Corey J. Williams

The Court issued a writ of certiorari to review the court of appeals' decision in State v. Williams, Op. No. 2016-UP-448 (S.C. Ct. App. filed Nov. 2, 2016).

Thursday, June 14, 2018

2016-002156 - Janette Buchanan v. S.C. Property and Casualty Ins.

The Court issued a writ of certiorari to review the court of appeals' decision in Buchanan v. South Carolina Property and Casualty Insurance Guaranty Association, 417 S.C. 562, 790 S.E.2d 783 (Ct. App. 2016).

2017-000640 - Frank Gordon, Jr. v. Donald W. Lancaster

In this appeal, Petitioner Donald Lancaster contends the court of appeals erroneously expanded this Court's holding in Linda Mc Company v. Shore, 390 S.C. 543, 703 S.E.2d 499 (2010), thereby granting relief to Respondent Frank Gordon, who sought to enforce a judgment over ten years old.

2017-000681 - Pee Dee Health v. Estate of Hugh Thompson, III

The Court reviews the court of appeals' decision in Pee Dee Health Care, P.A. v. Estate of Thompson, 418 S.C. 557, 795 S.E.2d 40 (Ct. App. 2016). The issue relates to the time period in which to file a motion under Rule 11 of the South Carolina Rules of Civil Procedure.

Wednesday, June 13, 2018

2017-002110 - Patti Silva v. Allstate Property and Casualty Insurance Company

The United States District Court for the District of South Carolina asks this Court to determine whether (1) can a law enforcement officer who conducts an official investigation of an accident that was not contemporaneously observed by an identified, surviving person, be a "witness" under section 38-77-170 of the South Carolina Code, and (2) do injuries caused by a drive-by shooting "arise out of" the use of a motor vehicle under section 38-77-140 of the South Carolina Code, where the shooting victim was operating a motor vehicle followed by the assailant vehicle and blocked from escape by the assailant vehicle during the shooting?

2017-000728 - The State v. Wayne Polite

The Court determines whether the circuit court's denial of Petitioner's motion to represent himself was a violation of Petitioner's right to represent himself.

2017-000297 - Todd Olds v. City of Goose Creek

The Court reviews the court of appeals' decision in Olds v. City of Goose Creek, 418 S.C. 573, 795 S.E.2d 163 (Ct. App. 2016). The issue before the Court is whether the court of appeals erred in its interpretation of the term "gross income" as defined and used in the City of Goose Creek's business license ordinance, §§ 110.001-.022.

Tuesday, June 12, 2018

2016-002186 - Darrell L. Goss v. The State

The Court reviews the court of appeals' decision in Goss v. State, Op. No. 2016-UP-382 (S.C. Ct. App. filed July 27, 2016), affirming the circuit court's denial of post-conviction relief. The Court is asked whether trial counsel was ineffective for failing to investigate and present an alibi defense.

2017-000094 - The State v. Donte S. Brown

The Court issued a writ of certiorari to review the court of appeals' decision in State v. Brown, 2016 UP-447 (S.C. Ct. App. filed Nov. 2, 2016).

Thursday, May 24, 2018

2016-002343 - Allen Patterson v. Herb Witter

The Court reviews the court of appeals' decision in Patterson v. Witter, 418 S.C. 66, 791 S.E.2d 294 (Ct. App. 2016).

2017-000470 - Gene Gibbs v. Jill R. Gibbs

The Court reviews whether the court of appeals erred in affirming the family court's denial of alimony, its distribution of marital assets, and its denial of the wife's award of attorney's fees and costs.

2017-000545 - Melissa Spalt v. SCDMV

The Court reviews the court of appeals' dismissal of Petitioner's appeal. Spalt v. SCDMV, Op. No. 2016-UP-475 (S.C. Ct. App. filed November 9, 2016).

2016-002312 - Juan Ramirez v. Progressive Northern

The Court granted certiorari to review the court of appeals' decision in Ramirez v. Progressive N. Ins. Co., Op. No. 2016-UP-280 (S.C. Ct. App. filed June 8, 2016), holding that the circuit court correctly found that Ramirez was not eligible to stack uninsured motorist coverage.

Wednesday, May 23, 2018

2016-002146 - The State v. Joshua W. Porch

After a jury found Joshua William Porch guilty of murder, he appealed raising two issues: (1) his arrest warrant was void under Franks v. Delaware because police officers omitted exculpatory information, and (2) the trial court violated the Confrontation Clause in the way it allowed his interrogation videotape to be used at trial. The court of appeals affirmed Porch's conviction. State v. Porch, 417 S.C. 619, 790 S.E.2d 440 (Ct. App. 2016). The Court granted certiorari to review the court of appeals decision.

2017-000096 - The State v. James K. Bethel, Jr.

James Kevin Bethel was indicted for and convicted of murder and attempted murder. Bethel appealed his conviction, and the court of appeals affirmed. State v. Bethel, Op. No. 2016-UP-473 (S.C. Ct. App. filed Nov. 9, 2016). Bethel argues the trial court erred in refusing to charge the jury on the lesser offense of involuntary manslaughter.

Thursday, May 3, 2018

2016-001939 - The State v. James S. Cross

James Scott Cross was indicted for and convicted of first-degree criminal sexual conduct (CSC) with a minor and committing a lewd act on a minor. Cross appealed his conviction, and the court of appeals affirmed. State v. Cross, Op. No. 2016-UP-257 (S.C. Ct. App. filed June 8, 2016). Cross filed a petition for a writ of certiorari, which the Court granted. Cross argues the trial court erred in: (1) refusing to bifurcate his trial to allow the jury to determine guilt of the underlying sexual offense and then determine if he had the requisite prior conviction to establish first-degree CSC with a minor and (2) admitting evidence of his prior conviction for CSC with a minor in violation of Rule 403, SCRE

2017-000700 - The State v. Demetrice R. James

The Court reviews the court of appeals' decision in State v. James, Op. No. 2017-UP-028 (filed Jan. 11, 2017).

2016-001933 - The State v. Roy L. Jones

The Court reviews the court of appeals' decision in State v. Jones, 417 S.C. 319, 790 S.E.2d 17 (Ct. App. 2016), holding the trial court did not abuse its discretion by qualifying an expert in child sex abuse dynamics who testified outside the realm of lay knowledge and did not bolster the complainants' credibility.

Wednesday, May 2, 2018

2016-002151 - Overland, Inc. v. Lara Nance

The Court reviews the court of appeals' dismissal of Petitioner's appeal. Overland, Inc. v. Nance, Op. No. 2016-UP-368 (S.C. Ct. App. filed July 20, 2016).

2017-000699 - William Turner v. SAIIA Construction

We review the court of appeals' decision in Turner v. SAIIA Construction, 419 S.C. 98, 796 S.E.2d 150 (Ct. App. 2016), a worker's compensation case where the court held the unexplained death presumption did not apply because the claimant survived and that substantial evidence supported the Workers' Compensation Commission's denial of benefits.

2016-002145 - The State v. Jennifer Lynn Alexander

The Court reviews the court of appeals' decision in State v. Alexander, Op. No. 2016-UP-377 (S.C. Ct. App. filed July 27, 2017).

Tuesday, May 1, 2018

2016-002187 - The Callawassie Island v. Ronnie Dennis

This case involves a breach of contract action brought by the Callawassie Island Members Club against two of its members. The circuit court granted summary judgment in favor of the Club. The court of appeals reversed, finding (1) the Club's membership agreements violated the South Carolina Nonprofit Corporations Act, and (2) the terms of those agreements were ambiguous and thus necessitated a trial. The Callawassie Island Members Club, Inc. v. Dennis, 417 S.C. 610, 790 S.E.2d 435 (Ct. App. 2016). The Court granted certiorari to review the court of appeals decision.

2016-001936 - Virginia Marshall v. Kenneth Dodds

The Court is asked to review the court of appeals' decision in Marshall v. Dodds, 417 S.C. 196, 789 S.E.2d 88 (Ct. App. 2016). In this appeal, the Court considers at what point section 15-3-545(A) of the South Carolina Code (2005) begins to run when a medical professional breaches the standard of care on multiple occasions.

2016-001983 - Protection and Advocacy v. Beverly Buscemi

The Court granted certiorari to review the court of appeals' decision in Protection and Advocacy for People with Disabilities, Inc. v. Buscemi, 417 S.C. 267, 789 S.E.2d 756 (Ct. App. 2016). In this appeal, the Court considers whether Protection and Advocacy has the authority to review Medication Administration Records during statutorily authorized inspections of Community Training Home facilities.

Thursday, April 19, 2018

2016-002124 - Coastal Federal Credit v. Angel Latoria Brown

The Court reviews the court of appeals decision in Coastal Federal Credit Union v. Brown, 417 S.C. 544, 790 S.E.2d 417 (Ct. App. 2016).

2016-001941 - Hector Fragosa v. Kade Construction

In this appeal, Petitioner Hector Fragosa contends the court of appeals erred in affirming the South Carolina Workers' Compensation Commission Appellate Panel's order finding that Fragosa's brain injury was not of sufficient severity to entitle him to lifetime benefits.

2017-002083 - In the Matter of John B. Kern

This is an attorney disciplinary matter.

Wednesday, April 18, 2018

2016-001937 - Charles Gary v. Hattie M. Askew

The Court reviews the court of appeals' decision in Gary v. Askew, 417 S.C. 232, 789 S.E.2d 94 (Ct. App. 2016), where the court held Respondent American Medical Response, Inc. did not owe a nondelegable duty to Petitioner Charles Gary under the terms of its contract with the South Carolina Department of Health and Human Services or on public policy grounds.

2017-001607 - The State v. Shannon Scott

In this appeal, Shannon Scott asks us to affirm his grant of immunity from prosecution and civil action under subsection 16-11-450(A) of the South Carolina Code. The State argues the grant of immunity was improper because Scott is not entitled to the presumption in subsection 16-11-440(A) or the presumption in subsection 16-11-440(C).

2015-001915 - Sierra Club v. Chem-Nuclear

This appeal stems 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 operates a disposal facility for low-level radioactive waste. The court of appeals affirmed the ALC as to all issues, except four subsections of the regulation governing DHEC's issuance and renewal of such licenses. Sierra Club v. S.C. Dep't of Health & Envtl. Control, 414 S.C. 581, 779 S.E.2d 805 (Ct. App. 2015). This Court granted Chem-Nuclear's petition for a writ of certiorari to review the court of appeals' decision.

Tuesday, April 17, 2018

2016-001291 - McGuinn Construction v. Saul Espino

The Court reviews the court of appeals' decision in McGuinn Construction Management, Inc. v. Espino, Op. No. 2016-UP-138 (S.C. Ct. App. filed Mar. 23, 2016).

2016-001934 - The State v. James Simmons, Jr.

The Court reviews the court of appeals' decision in State v. Simmons, Op. No. 2016-UP-182 (S.C. Ct. App. filed Apr. 20, 2016).

Thursday, March 29, 2018

2016-001566 - In the Matter of the Care and Treatment of Kenneth Campbell

The Court granted Kenneth Campbell's petition for a writ of certiorari to review the court of appeals decision in In re Kenneth Campbell, Op. No. 2016-UP-198 (S.C. Ct. App. filed May 11, 2016). In this appeal, the Court considers whether the court of appeals properly found that Petitioner's Rule 403, SCRE argument was not preserved. Additionally, the Court considers whether the court of appeals correctly affirmed the trial judge's decision to allow the State to impeach Petitioner's expert.

2016-001940 - Darryl Frierson v. The State

Petitioner Darryl Frierson contends the court of appeals erred in affirming the PCR court's decision to deny relief when Petitioner pled guilty without knowledge that his plea counsel failed to challenge the placement of a mobile tracking device on Petitioner's car by the police without an order pursuant to S.C. Code Ann. § 17-30-140, and plea counsel failed to move to suppress any evidence gained as a result of the illegal search.

Wednesday, March 28, 2018

2016-001459 - Nationwide Mutual v. Eagle Windows

The Court reviews the court of appeals' decision concerning two issues: whether Petitioner Eagle Windows & Doors, Inc., was a mere continuation of its bankrupt predecessor corporation, thereby subjecting it to liability for its predecessor's allegedly defective windows; and whether Petitioner abandoned the issue of Respondent Nationwide Mutual Insurance Company's alleged failure to prove a manufacturing or design defect.

2016-001507 - Randy Horton v. Jasper County School

The Court granted Randy Horton's petition for a writ of certiorari to review the court of appeals decision in Randy Horton v. Jasper County School District, Op. No. 2016-UP-151 (S.C. Ct. App. filed Mar. 30, 2016). The issue deals with whether the circuit court awarded an appropriate amount of attorney's fees after Horton won his declaratory judgment action under the South Carolina Freedom of Information Act.

2016-001531 - Palmetto Mortuary Transport v. Knight Systems

Petitioner brought suit against Respondents alleging Respondents breached an asset purchase agreement executed in connection with the sale of Respondents' mortuary transport business to Petitioner. A special referee found Respondents breached the contract by violating a non-compete covenant and violating an exclusive sales provision in the agreement. Respondents appealed, and the court of appeals reversed and remanded. Palmetto Mortuary Transp., Inc. v. Knight Sys., Inc., 416 S.C. 427, 786 S.E.2d 588 (Ct. App. 2016). Petitioner filed a petition for a writ of certiorari, which the Court granted. Petitioner argues the court of appeals erred in reversing the special referee's decision upholding a non-compete covenant on the ground that the 150-mile territorial restriction was unreasonable.

2015-002360 - The State v. Lamar Sequan Brown

The Court considers whether the circuit court properly admitted information acquired from the warrantless search of a cellphone

Tuesday, March 27, 2018

2016-001300 - David M. Repko v. County of Georgetown

Respondent, the owner of two undeveloped lots in a subdivision, filed a civil action against Petitioner alleging negligence and gross negligence in Petitioner's handling of a financial guarantee posted by the subdivision's developer. The circuit court granted Petitioner's motion for directed verdict. Respondent appealed, and the court of appeals reversed and remanded. Repko v. Cty. of Georgetown, 416 S.C. 22, 785 S.E.2d 376 (Ct. App. 2016). Petitioner filed a petition for a writ of certiorari, which the Court granted to review the court of appeals' decision.

2015-002206 - The State v. Timothy Artez Pulley

Pursuant to Rule 204(b), SCACR, we certified this appeal to review the circuit court's decision to admit evidence pertaining to appellant's traffic stop. Additionally, the Court considers whether the circuit court erred in failing to require the State to open fully on the law and facts and reply only to arguments of defense counsel. Finally, Appellant asks the Court to consider whether the circuit court erred in charging the jury on constructive possession.

2016-001632 - Pavilion Development Corp. v. Nexsen Pruet, LLC

This appeal asks the Court to determine whether the circuit court erred in denying the appellants' motion to amend their complaint.

Wednesday, March 7, 2018

2015-002611 - James Early Trust v. Charleston County Assessor

This appeal asks the Court to determine whether the South Carolina Administrative Law Court improperly dismissed this action for lack of subject matter jurisdiction, whether the constitutional challenge to the special tax assessment statute is facial or "as applied," and whether a recent amendment to the statute's definition of "a member of my household" violates the appellant's right to due process or equal protection under the United States Constitution and South Carolina Constitution.

2016-002337 - In the Matter of the Estate of Marion M. Kay (Sullivan v. Brown)

On appeal, the Court reviews the court of appeals' decision involving proper compensation for the personal representative's estate administration efforts.

2016-000798 - Concerned Riverchase v. Riverchase Estates

Concerned Riverchase filed a complaint against Riverchase Estates. Riverchase Estates moved to compel arbitration in either Texas or South Carolina. The circuit court granted the motion, requiring arbitration in South Carolina. Riverchase Estates appealed the order, on the ground the arbitration should be held in Texas. The court of appeals held the order was not appealable for two reasons: (1) Riverchase Estates was not aggrieved, and (2) the circuit court's motion to compel arbitration was not an appealable order. The issues before the court are: (1) is Riverchase Estates an aggrieved party, and (2) is the circuit court's order immediately appealable?

Tuesday, March 6, 2018

2016-000738 - The State v. David Wilkins Ross

In this appeal from the circuit court, David Wilkins Ross challenges subsection 23-3-540(E) of the South Carolina Code, which requires mandatory GPS monitoring for certain convicted sex offenders, as unconstitutional under the Fourth Amendment.

2015-001921 - Denise Wright v. PRG

Petitioner filed suit against Respondents for negligence, violation of implied warranties, and violation of the South Carolina Unfair Trade Practices Act. The circuit court granted summary judgment in Respondents' favor on all claims. Petitioner appealed, and the court of appeals affirmed. Wright v. PRG Real Estate Mgmt., Inc., 413 S.C. 276, 775 S.E.2d 399 (Ct. App. 2015). Petitioner filed a petition for a writ of certiorari, which the Court granted. Petitioner argues the court of appeals erred in failing to apply section 323 of Restatement (Second) of Torts to her allegation that Respondents voluntarily assumed a duty to secure its premises.

2016-002080 - Meredith Huffman v. Sunshine Recycling

Respondent filed a complaint against Petitioners alleging negligence, false imprisonment, and malicious prosecution. The circuit court granted Petitioners' summary judgment motions. Respondent appealed, and the court of appeals reversed and remanded. Huffman v. Sunshine Recycling, LLC, 417 S.C. 514, 790 S.E.2d 401 (Ct. App. 2016). Petitioners filed petitions for writs of certiorari, which the Court granted to review the court of appeals' decision.

Thursday, February 15, 2018

2017-001540 - Government Employees Insurance Company v. Jack A. Poole, et al.

The Court answers the following certified question from the U.S. District Court: Under South Carolina law, when an insured seeks coverage under an automobile insurance policy, must punitive damages be apportioned pro rata between those sustained for bodily injury and those sustained for property damage where the insurance policy is a split limits policy?

2014-000764-1 - The State v. Stephanie I. Greene

Stephanie Irene Greene was convicted of homicide by child abuse, involuntary manslaughter, and unlawful conduct towards a child. Greene appealed and this Court certified the appeal. Greene alleges the trial court erred in (1) not directing a verdict for Greene on all three charges because the State did not prove the morphine in Greene's deceased child came from breastfeeding, (2) not directing a verdict for Greene or granting Greene a new trial on the homicide by child abuse charge because the State did not prove Greene acted with extreme indifference, (3) not instructing the jury that convicting Greene of more than one of the charges would violate double jeopardy, and (4) not requiring the State in its closing argument to open on the law and the facts of the case and reply only to arguments raised in Greene's closing argument.

Wednesday, February 14, 2018

2015-001981 - The State v. Gary Eugene Lott

Gary Eugene Lott was charged with first-degree criminal sexual conduct with a minor and committing a lewd act on a minor. The jury found Lott guilty of committing a lewd act on a minor. Lott appealed his conviction, and the court of appeals affirmed in State v. Lott, Op. No. 2015-UP-266 (S.C. Ct. App. filed May 27, 2015). Lott filed a petition for a writ of certiorari, which the Court granted. Lott argues the trial court erred in refusing to require the State to accept the stipulation that he had a prior conviction for a crime listed in section 23-3-430 of the South Carolina Code when attempting to prove the charge of first-degree criminal sexual conduct with a minor.

2017-000787 - Amy Elizabeth Williams, as the Personal Representative, et al. v. Quest Diagnostics, Inc., et al.

The United States District Court for the District of South Carolina asks this Court to determine whether "a federally licensed genetic testing laboratory" is acting as a "licensed health care provider" as defined under S.C. Code Ann. § 38-79-410 "when, at the request of a patient's treating physician, the laboratory performs genetic testing to detect an existing disease or disorder."

2016-002248 - Travis Roddey v. Wal-Mart

Pursuant to Rule 204(b), SCACR, we certified this appeal to review the circuit court's decision to bar evidence pertaining to appellant's cause of action for negligent hiring, training, supervision, and entrustment on the basis of res judicata.

Wednesday, January 31, 2018

2016-000594 - SCDOT v. David Powell

In this eminent domain case, the Court addresses whether Petitioner David Powell is entitled to compensation for the diminution in value of his property as a result of the decision by Respondent South Carolina Department of Transportation to reconfigure the road that Petitioner used to access his property.

2017-000806 - Ex Parte Carter

The Court reviews the court of appeals' decision in Ex Parte Carter, Op. No. 2017-UP-043 (S.C. Ct. App. filed Jan. 13, 2017).

Thursday, January 11, 2018

2016-000876 - Frankie Lee Bryant, III v. The State

In this post-conviction relief matter, Petitioner Frankie Bryant challenges the court of appeals' decision to reverse the PCR court's conclusion to grant a new trial based on the failure to object to jury charges on self-defense.

2016-000428-2 - James J. Jowers v. SCDHEC

The Court heard this case in December 2016 and issued an opinion in July 2017. See Jowers v. S.C. Dep't of Health and Envtl. Control, Op. No. 27725 (S.C. Sup. Ct. filed July 19, 2017). The Court then granted rehearing on the public trust issue.

2016-001456 - Onrae Williams v. The State

This is a post-conviction relief (PCR) matter. The Court granted certiorari to review the court of appeals' decision in Williams v. State, Op. No. 2016-UP-015 (S.C. Ct. App. filed Jan. 13, 2016). The Court is asked to determine whether there is any evidence to support the PCR court's finding that Petitioner understood the consequences of rejecting a plea bargain and proceeding to trial when the State was seeking mandatory life in prison without parole.

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