Thursday, October 15, 2020
2019-001056 - Mark C. Mosley v. Christine Alston, et al.
The Court granted a common law writ of certiorari to review a discovery order, directing the parties to brief (1) whether the matter involved exceptional circumstances warranting the issuance of a common law writ of certiorari; (2) whether a party must be held in contempt for failure to comply with a discovery order before an appeal may be taken to review the order; and (3) if a contempt order is not required before a discovery order may be reviewed on appeal, what limitations should be placed on the ability to immediately appeal a discovery order.
2019-001016 - South Carolina Public Interest Foundation v. Calhoun County Council
In this direct appeal, we review the circuit court's decision to grant the County's motion for summary judgment, which found Appellants' claims were barred by the statute of limitations and declined to consider the merits of their claims challenging a county ordinance adopted pursuant to S.C. Code Ann. § 4-10-330 (Supp. 2019).
Wednesday, October 14, 2020
2019-001191 - Arthur Eleazer v. Leslie Hughey
In this custody dispute, the mother challenges: (1) whether the father met his burden of proving a substantial change in circumstances occurred and (2) whether a change in custody was in the best interests of the children. The Court granted a writ of certiorari to review the court of appeals decision. Eleazer v. Hughey, Op. No. 2019-UP-178 (S.C. Ct. App. filed May 22, 2019).
2017-002576 - Mohsen Baddourah v. Henry McMaster
This Court certified Appellant's appeal of an order dismissing his complaint, in which he sought a declaration that he was excepted from the Governor's suspension power under Article VI, section 8, of the South Carolina Constitution because (1) as an elected member of the Columbia City Council, he was part of the legislative branch of government, and (2) his alleged offense was not one involving a crime of moral turpitude. Appellant argues the circuit court erred in finding it lacked jurisdiction to review Respondent's Executive Order suspending him from office because it is a discretionary act and review would violate the separation of powers, in finding Appellant was not a member of the legislative branch, and in failing to address Appellant's assertion that domestic violence in the second degree is not a crime of moral turpitude.
2019-000038 - Stoneledge v. IMK Dev. (Marick/Thoennes)
The Court granted cross-petitions for certiorari to review the court of appeals' decision in Stoneledge at Lake Keowee Owners' Association, Inc. v. IMK Development Co., LLC, 425 S.C. 276, 821 S.E.2d 509 (Ct. App. 2018).
2019-000041 - Stoneledge v. IMK Dev. (Bostic Brothers)
The Court granted cross-petitions for certiorari to review the court of appeals' decision in Stoneledge at Lake Keowee Owners' Association, Inc. v. IMK Development Co., LLC, 425 S.C. 268, 821 S.E.2d 504 (Ct. App. 2018).
Friday, September 18, 2020
2020-001069 - Dr. Thomasena Adams, et al. v. Governor Henry McMaster, et al.
This action brought in the original jurisdiction of the Supreme Court involves the Governor's Emergency Education Relief Fund established by the Federal CARES Act. Due to the COVID-19 epidemic, only the lawyers arguing will be allowed into the Supreme Court Building for the arguments in this case.
Thursday, September 17, 2020
2019-000691 - Eric Ragsdale v. Mark Keel (SLED)
Eric Ragsdale challenges the constitutionality of the lifetime registration requirement for unenumerated offenders under S.C. Code Ann. § 23-3-400 et seq.
2018-001124-2 - Crystal Wickersham v. Ford Motor Company
The United States Court of Appeals for the Fourth Circuit asks this Court to determine: (1) whether South Carolina recognizes an "uncontrollable impulse" exception to the general rule that suicide breaks the causal chain for wrongful death claims, and if so, what is required to satisfy causation under the exception; and (2) whether comparative negligence in causing enhanced injuries applies in a crashworthiness case when the plaintiff alleges claims of strict liability and breach of warranty and is seeking damages related only to the plaintiff's enhanced injuries.
Wednesday, September 16, 2020
2019-001593 - The State v. Jose Reyes Reyes
Jose Reyes Reyes was convicted of first-degree criminal sexual conduct with a minor. The court of appeals affirmed his conviction. State v. Reyes, Op. No. 2019-UP-214 (S.C. Ct. App. filed June 12, 2019). This Court granted Reyes a writ of certiorari to review the court of appeals' decision. Reyes argues the trial court erred in conducting a witness competency hearing in the presence of the jury, and Reyes argues the trial court and the State improperly vouched for the witness's credibility in the presence of the jury.
2019-001435 - The State v. Fabian Lamichael Green
The Court granted a writ of certiorari to review the Court of Appeals' decision in State v. Green, 427 S.C. 223, 830 S.E.2d 711 (Ct. App. 2019).
Thursday, August 20, 2020
2019-000535 - Madel Rivero v. Sheriff Steve Loftis
The Court granted Sheriff Steve Loftis's petition for a writ of certiorari to review the court of appeals' decision affirming the trial court's denial of Loftis's motion for a new trial and for a judgment notwithstanding the verdict (JNOV). This action arises out of the murder of Lilia Blandin by her husband, Avery Blandin, in Greenville, South Carolina, and was brought by Madel Rivero, as the Personal Representative for Lilia's Estate, pursuant to the South Carolina Tort Claims Act for an alleged failure to arrest. Rivero's complaint alleged Sheriff Loftis failed to follow department protocols and was grossly negligent in failing to place Avery Blandin under arrest following a 911 call and police dispatch to the couple's residence. We will consider whether the court of appeals (1) reversed an allegedly unappealed ruling that the voir dire question was unambiguous, (2) erred in determining an evidentiary hearing concerning juror concealment was not required, and (3) erred in finding there was more than one reasonable inference to be drawn by the jury as to causation in fact.
2018-002255 - James Mikell "Mike" Burns v. Greenville County
In this direct appeal, the Court will review whether the Greenville County Master-in-Equity erred in affirming the validity of two Greenville County ordinances, a road maintenance fee and a telecommunications fee. Appellants contend the ordinances did not receive the required number of votes to pass and the ordinances violate the Equal Protection Clause. Finally, we will review whether the Master-in-Equity erred in denying the Appellants' request for attorneys' fees.
Wednesday, August 19, 2020
2019-001080 - Annalee Walsh v. Boat-N-RV Megastore
In this matter, we consider whether the court of appeals erred in upholding a circuit court order denying Petitioner's motion to compel arbitration of Respondent's claims seeking the return of monies paid toward the purchase of a recreational vehicle. Petitioner argues the circuit court should have compelled arbitration because the contract Respondent signed to purchase the vehicle contained an arbitration clause. Respondent contends the contract was never effective due to the failure of a condition precedent contained in an Agreement Pending Financing/Regulation Z Disclosure form.
2019-001134 - City of Myrtle Beach v. Horry County
This case centers around Horry County's challenge to an injunction placed on its collection of a hospitality fee.
Thursday, June 11, 2020
2019-000816 - Angie Keene v. CNA Holdings
Angela Keene, individually and as personal representative of the Estate of Dennis Seay, filed a wrongful death action against CNA Holdings, LLC, the successor in interest of the Hoechst Celanese Corporation. CNA Holdings argues Seay was a statutory employee of Celanese, as defined by § 42-1-400 of the South Carolina Code (2015), so the exclusive remedy was the Workers' Compensation Act, not a wrongful death action. We granted a writ of certiorari to review the court of appeals decision that Seay was not a statutory employee. Keene v. CNA Holdings, LLC, 426 S.C. 357, 827 S.E.2d 183 (Ct. App. 2019).
2018-002128 - The State v. James H. Harrison
In this appeal, the Court will consider several issues, including the propriety of the trial court's decisions regarding double jeopardy as well as motions to quash the indictments and to dismiss and for a directed verdict.
Wednesday, June 10, 2020
2019-001345 - The State v. Billy L. Taylor
The Court granted a writ of certiorari to review the court of appeals' decision in State v. Taylor, 427 S.C. 208, 829 S.E.2d 723 (2019).
2019-001019 - The State v. Rhajon Sanders
Rhajon Sanders was convicted of attempted murder and possession of a weapon during the commission of a violent crime. The State alleged Sanders fired gun shots at another man from the front porch of his home in Charleston, South Carolina, and Sanders claimed that he acted in self-defense. The trial court sentenced Sanders to fifteen years' imprisonment, and the court of appeals affirmed. This Court granted Sanders's petition for a writ of certiorari to review the court of appeals' decision. We will consider whether the court of appeals erred in upholding the trial court's decision to (1) deny his request for an "act on appearances" charge to the jury, (2) exclude evidence that Sanders lived in a high crime neighborhood, (3) refuse to allow Sanders to refer to the dangerous, "high crime" nature of his neighborhood during his closing argument, and (4) deny his request for a "no duty to retreat" jury instruction.
Thursday, May 21, 2020
2019-000705 - Georgetown County v. Davis & Floyd, Inc.
The Court considers whether a county may sue another political subdivision and the South Carolina Department of Transportation (SCDOT) for inverse condemnation pursuant to the Takings Clause of the South Carolina Constitution.
2019-000693 - Bradley Sanders v. SCDMV
We granted a petition for a writ of certiorari to review the decision of the court of appeals in Sanders v. South Carolina Department of Motor Vehicles, 426 S.C. 21, 824 S.E.2d 454 (Ct. App. 2019), which upheld the suspension of Petitioner's driver's license for refusing to take a blood-alcohol test following his arrest for driving under the influence. The issues on appeal concern the procedures set forth in the state's implied consent statute, section 56-5-2950(A) of the South Carolina Code.
Wednesday, May 20, 2020
2019-001201 - Grays Hill Baptist Church v. Beaufort County
The Court granted a writ of certiorari to review the court of appeals decision in Grays Hill Baptist Church v. Beaufort County, 427 S.C. 57, 828 S.E.2d 234 (Ct. App. 2019).
2019-001206 - The State v. Felix Kotowski
The Court granted a writ of certiorari to review the court of appeals' decision in State v. Kotowski, 427 S.C. 119, 828 S.E.2d 605 (2019).
Tuesday, May 12, 2020
2020-000642 - Rhodes Bailey, et al. v. South Carolina State Election Commission, et al.
Wednesday, March 11, 2020
2018-001878 - The State v. Sha'quille Washington
The Court granted a writ of certiorari to review the court of appeals decision in State v. Washington, 424 S.C. 374, 818 S.E.2d 459 (Ct. App. 2018).
2019-001604 - The State v. Tony L. Kinard
The Court granted the State a writ of certiorari to review the court of appeals' interpretation of S.C. Code Ann. § 56-5-2953(A) (2018) in State v. Kinard, 427 S.C. 367, 831 S.E.2d 138 (Ct. App. 2019).
2019-000842 - The State v. John Kenneth Massey, Jr.
The Court granted the State's petition for a writ of certiorari to review the decision of the court of appeals in State v. Massey, 426 S.C. 90, 825 S.E.2d 717 (Ct. App. 2019). The issue on appeal concerns the interpretation of S.C. Code Ann. section 16-11-10, which defines the term "dwelling" for purposes of South Carolina's first-degree burglary statute.
Wednesday, February 12, 2020
2019-000670 - Rent-A-Center East v. SCDOR
The Court granted a writ of certiorari to review the court of appeals decision in Rent-A-Center East, Inc. v. S.C. Dep't of Revenue, 425 S.C. 582, 824 S.E.2d 217 (Ct. App. 2019).
2019-001373 - Tower Street Capital Management Inc. v. KnightBrook Insurance Company
Pursuant to Rule 244 of the South Carolina Appellate Court Rules, the Court will answer the following questions certified by the United States District Court for the District of South Carolina: (1) Under South Carolina law, when a contract's durational term is keyed to the occurrence of a future, specific event, must the future, specific event be an objective event such that one party to the contract does not have control over it? and (2) If the answer to Question (1) is yes, does a contract that requires the two parties to the contract to form a corporation together in the future in order to terminate the contract qualify as an objective event that renders the contract sufficiently definite in duration such that it is not perpetual and thus not terminable at will?
2019-000467 - The State v. Robin Herndon
The Court granted a writ of certiorari to review the court of appeals' decision in State v. Herndon, Op. No. 2018-UP-458 (S.C. Ct. App. filed Dec. 12, 2018).
Tuesday, February 11, 2020
2019-000920 - Don Weaver v. Recreation District
The issue presented on appeal is whether the circuit court erred in rejecting Appellant's argument that section 6-11-271 of the South Carolina Code, concerning millage levied for special purpose districts, is unconstitutional.
2019-000238 - Ex Parte: Builders Mutual (In Re: Palmetto Pointe v. Island Pointe)
The Court considers the trial court's denial of an insurer's motion to intervene in a construction defect suit.
2019-000843 - Michael Landry v. Angela Landry
We granted Michael Landry's petition for a writ of certiorari to review the court of appeals' decision affirming the family court's denial of relief under Rule 60, SCRCP.
Wednesday, January 15, 2020
2018-001926 - William Crenshaw v. Erskine College
We granted certiorari to review the court of appeals' decision reversing the trial court's order granting Erskine College's motion for judgment notwithstanding the verdict.
2018-001042 - The State v. Arthur M. Field
The Court granted a writ of certiorari to review the court of appeals decision in State v. Field, Op. No. 2017-UP-455 (S.C. Ct. App. filed Apr. 4, 2018).
2018-002035 - The State v. Archie M. Hardin
Archie More Hardin was convicted of armed robbery, assault and battery of a high and aggravated nature, possession of a weapon during the commission of a violent crime, and three counts of kidnapping. The court of appeals affirmed his convictions. State v. Hardin, 425 S.C. 1, 819 S.E.2d 177 (Ct. App. 2018). The Court granted the State of South Carolina a writ of certiorari. The State agrees with the court of appeals' disposition in the case; however, the State argues the court of appeals erred in analyzing one of the three issues Hardin raised on appeal: whether the trial court erred in admitting out-of-court identifications.
Tuesday, January 14, 2020
2018-001355 - The State v. Nakia Johnson
The Court granted Nakia Johnson's petition for a writ of certiorari to review whether the court of appeals erred in finding the trial court's refusal to grant a mistrial after the child advocacy interviewer testified he instructed Victim to tell the truth during the forensic interview amounted to harmless error, thereby affirming Johnson's conviction for second-degree criminal sexual conduct with a minor.
2019-000500 - The State v. Suzanna Simpson
Suzanna Brown Simpson was convicted of two counts of murder, one count of attempted murder, and possession of a weapon during the commission of a violent crime. The trial court sentenced Simpson to two consecutive life sentences for the murders, a consecutive term of thirty years' imprisonment for the attempted murder, and a consecutive term of five years' imprisonment for the weapon charge. The court of appeals affirmed. State v. Simpson, 425 S.C. 522, 823 S.E.2d 229 (Ct. App. 2019). This Court granted Simpson's petition for a writ of certiorari to determine whether the trial court erred in excluding testimony from Simpson's expert witness.
2018-001874 - Century Capital v. Midtown Development
The Court granted a writ of certiorari to review the court of appeals' decision in Century Capital Group, LLC v. Midtown Development Group, LLC, Op. No. 2018-UP-249 (S.C. Ct. App. filed June 13, 2018).