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4-6-2022 - Opinions
In this habeas corpus matter, we hold the petitioner has presented a cognizable claim for the Court's consideration, and we clarify our precedent regarding the comparative proportionality review that is statutorily required in all cases resulting in a capital sentence, but we conclude the petitioner has not established that he is entitled to habeas relief from this Court.
Jerome Jenkins Jr. was convicted of murder, attempted murder, and armed robbery. An Horry County jury sentenced Jenkins to death on the murder charge. This opinion consolidates Jenkins' direct appeal and our mandatory review of his death sentence under section 16-3-25 of the South Carolina Code (2015). We affirm.4-13-2022 - Opinions
In this attorney disciplinary matter, the Court imposes a nine-month definite suspension.
In this attorney disciplinary matter, the Court imposes a public reprimand and a fine.
In this attorney disciplinary matter, the Court imposes a public reprimand.
In this opinion, we review the application of the "post-loss exception"--a common law rule providing that insurer consent is not required for an assignment of insurance benefits made after a "loss" has occurred. PCS Nitrogen seeks insurance coverage, claiming its right to coverage stems from an assignment of insurance benefits made without insurer consent. The circuit court granted summary judgment to the insurers, and the court of appeals affirmed. PCS Nitrogen, Inc. v. Continental Casualty Co., 429 S.C. 30, 837 S.E.2d 662 (Ct. App. 2019). We reverse the court of appeals and remand for further proceedings.
The Court addresses two issues in this appeal from Justin Jamal Warner's conviction for murder and other crimes. We hold the warrant issued by the county magistrate was not invalid simply because it sought information stored in another state, and we hold the post-crime showing of a crime-scene video to Warner's probation officer and the officer's subsequent identification of Warner as the man in the video did not require a hearing under Neil v. Biggers because the officer was not an eyewitness to the crime.