Supreme Court Published Opinions - April 2018
Note: Beginning in June 2012, opinions will be posted as Adobe PDFs. You can download a free copy of Adobe Reader here.
The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.
4-4-2018 - Opinions
27788 - In the Matter of Francis Deslauriers
In this opinion, the Court publicly reprimands for Francis Deslauriers based on a public reprimand received in Tennessee.
The Court granted Nero’s petition for a writ of certiorari to review the Court of Appeals’ decision in Nero v. S.C. Dep’t of Transp., 420 S.C. 523, 804 S.E.2d 269 (Ct. App. 2017), wherein the Court of Appeals, applying the de novo standard of review to a question of notice, reversed a decision by the Workers’ Compensation Commission. The Court reverses the Court of Appeals’ decision and remands for a new proceeding applying the substantial evidence standard of review.4-11-2018 - Opinions
The Court reverses the dismissal of Petitioner Nila Collean Carter's motion pursuant to Rule 60(b), SCRCP,and remands to the family court for further proceedings.4-18-2018 - Opinions
We grant the petitions for a writ of certiorari, dispense with further briefing, reverse the decision of the court of appeals, and remand the case to the court of appeals to decide the appeal applying a de novo standard of review.
27790 - Kiawah Development v. SCDHEC
The Court affirms the ALC's order as modified, approving the permit to build a 270-foot bulkhead and revetment along Beachwalker Park while eliminating the additional 2,513-foot vertical bulkhead because that structure is not supported by substantial evidence.4-25-2018 - Opinions
The Court affirms appellant's conviction and sentence, but instructs trial judges to refrain from any comments to the jury that may be seen to lessen the State's burden of proof, and holds that henceforth in criminal trials, if the party entitled to the second closing argument requests, the party with the right to open and close must open in full on the law and the facts and must limit its reply to addressing the other party's argument.
Petitioner Charles Gary moved for summary judgment contending Respondent American Medical Response owed Gary a nondelegable duty to safely transport Medicaid Patients pursuant to the South Carolina Department of Health and Human Service's administration of Medicaid's Nonemergency Medical Transportation Program. The Court holds that summary judgment is premature; accordingly the Court vacates the court of appeals' opinion and remands to the circuit court to allow Respondent American Medical Response to conduct discovery.
The Court reverses the court of appeals' determination that a dormant Commerce Clause challenge to the ALC's award of a certificate of need was not preserved for appellate review. The case is remanded to the court of appeals for a hearing on the merits, with instructions to expedite due to the age of the case.
The Court answers the certified question from the Fourth Circuit Court of Appeals by holding that South Carolina recognizes a qualified evidentiary privilege for trade secrets.
The Court reverses the grant of post-conviction relief, finding the lower court's conclusions were without evidentiary support and based upon errors of law.