Wednesday, November 15, 2023
2022-000271 - Dale Brooks v. Benore Logistics System, Inc.
The Court granted a writ of certiorari to review the court of appeals' decision in Brooks v. Benore Logistics System, Inc., 437 S.C. 376, 879 S.E.2d 1 (Ct. App. 2022).
2022-000349 - The State v. Montrelle Lamont Campbell
We granted the State's petition for a writ of certiorari to review the court of appeals' decision in State v. Campbell, 435 S.C. 528, 868 S.E.2d 414 (Ct. App. 2021). We will determine whether the court of appeals erred in (1) its analysis of malice for attempted murder, (2) its application of the harmless error standard to the inferred malice jury instruction, and (3) its application of the "any evidence" standard to the accomplice liability jury instruction.
Tuesday, November 14, 2023
2021-000837 - In the Matter of Estate of Paul B. Barringer, II
The Court will review a circuit court order (1) granting a corporation's motion to intervene, (2) dismissing Petitioner's civil conspiracy cause of action as a derivative claim, (3) striking several categories of damages as derivative, (4) barring recovery of certain damages due to res judicata, and (5) declaring Petitioner may not litigate any derivative claims on behalf of the corporation in this action. The Court will also consider whether the order is immediately appealable.
2021-001296 - Vanessa Williams v. Bradford Jeffcoat
We granted Petitioner's petition for a writ of certiorari to review the court of appeals' decision in Williams v. Jeffcoat, 434 S.C. 461, 863 S.E.2d 822 (Ct. App. 2021), in which the court of appeals affirmed the master-in-equity's order granting summary judgment in Respondent's favor and compelling the partition and sale of certain real property. Specifically, this Court will determine whether the court of appeals erred in: (1) holding Petitioner was not entitled to notice of Respondent's petition in the Alabama probate court to appoint herself as guardian and conservator of her mother, a joint tenant of the subject property; (2) refusing to consider Petitioner's counterclaims because they were not preserved for appellate review; and (3) holding S.C. Code section 27-7-40 permitted Respondent to sever the joint tenancy between Respondent's mother and Petitioner.
Wednesday, October 25, 2023
2022-001228 - The State v. Mutekis J. Williams
This Court granted Williams' petition for a writ of certiorari to review the court of appeals opinion in State v. Williams, Op. No. 2022-UP-114 (S.C. Ct. App. filed June 8, 2022), in which the court of appeals affirmed Williams' conviction for trafficking in cocaine in an amount of one hundred grams or more. The Court will consider whether (1) the trial court erred in failing to strike an arresting deputy's testimony that Williams was in constructive possession of the cocaine and (2) the court of appeals erred in holding the admission of the arresting deputy's testimony was not reversible error.
2022-001378-1 - United States of America v. Patrick Fitzgerald Clemons
This Court will answer the following questions certified by the United States Fourth Circuit Court of Appeals: (1) what mental state is required to commit South Carolina Assault and Battery, Second Degree, in violation of section 16-3-600 of the South Carolina Code; and (2) what mental state is required to commit South Carolina Criminal Domestic Violence of a High and Aggravated nature in violation of section 16-25-65 of the South Carolina Code.
Tuesday, October 24, 2023
2022-000211 - The State v. Gregg Pickrell
We granted Pickrell's petition for a writ of certiorari to review the court of appeals' decision in State v. Pickrell, 435 S.C. 417, 867 S.E.2d 465 (Ct. App. 2021). We will determine whether the trial court erred in admitting testimony from a South Carolina Law Enforcement Division agent concerning the possible location of the shooter.
2022-000740 - Tony Young v. Greenwood County Sheriff's Office
The Court has granted Young's petition for a writ of certiorari to review the decision of the court of appeals in Young v. Greenwood County Detention Center, Op. No. 2022-UP-170 (S.C. Ct. App. filed Apr. 6, 2022). The decision upheld a jury verdict for the defense in Young's action alleging various policies and procedures were violated during his processing at the detention center. Young contends the court of appeals erred in failing to find (1) he was denied his constitutional right to a fair trial due to the trial judge's commentary and rulings on evidentiary issues, and (2) the jury instructions on comparative negligence constituted reversible error.
Wednesday, October 4, 2023
2020-001323 - Walterboro Community Hospital Inc. v. SCDHEC
The Court will consider whether the administrative law court erred in approving a Certificate of Need for the Medical University Housing Authority's proposed 128-bed hospital in Berkeley County. The Court will also consider whether the appeal bond required by S.C. Code Ann. § 44-7-220(B) (2018) is unconstitutional.
2021-001097 - The State v. Demontay M. Payne
We granted the State's petition for a writ of certiorari to review the court of appeals' decision in State v. Payne, 434 S.C. 121, 862 S.E.2d 81 (Ct. App. 2021), in which the court of appeals reversed Payne's conviction for murder. We will determine whether the trial court erred in denying Payne's request for a jury charge of the lesser-included offense of voluntary manslaughter.
Tuesday, October 3, 2023
2021-001176 - The State v. Randy Collins
This Court has granted the State's petition for a writ of certiorari to review the decision of the court of appeals in State v. Collins, 435 S.C. 31, 864 S.E.2d 914 (Ct. App. 2021), which reversed Collins's convictions and sentences and remanded for a new trial. The State contends the court of appeals erred in finding Collins's confession should not have been admitted into evidence at trial because it was involuntary. The State further contends the court of appeals erred in denying its motion to supplement the record on appeal with Collins's subsequent confession of guilt at his co-defendant's trial, as this eliminated any possible prejudice from the admission of his confession.
2022-000054 - The State v. Byron L. Rivers
The Court granted a writ of certiorari to review the court of appeals' decision in State v. Rivers, Op. No. 2021-UP-395 (S.C. Ct. App. filed Nov. 10, 2021).
Wednesday, September 13, 2023
2021-001408 - The State v. Robert X. Geter
The Court granted both the State's and Geter's petitions for a writ of certiorari to review the court of appeals' decision in State v. Geter, 434 S.C. 557, 864 S.E.2d 569 (Ct. App. 2021). The Court will consider whether the trial court erred by instructing the jury on transferred intent for attempted murder and whether certain testimony constituted improper vouching.
2021-001388 - Daniel O'Shields v. Columbia Automotive
The Court granted a writ of certiorari to review the court of appeals' decision in O'Shields v. Columbia Automotive, L.L.C., 435 S.C. 319, 867 S.E.2d 446 (Ct. App. 2021).
Tuesday, September 12, 2023
2021-000051 - Applied Building Sciences v. SC Department of Commerce
Petitioner filed this inverse condemnation action, arguing the statutory cap on reestablishment assistance pursuant to South Carolina Code subsection 28-11-30(4) (2007 & Supp. 2022) is unconstitutional under the Takings Clauses of the South Carolina and United States Constitutions. The circuit court denied Petitioner's motion for summary judgment and granted Respondent's cross-motion for summary judgment. The Court certified the case for review.
2019-001271 - Marion Alexander Lindsey v. The State
A jury convicted Marion Alexander Lindsey of murdering of his wife. He was sentenced to death. After his conviction and sentence were affirmed on direct appeal, Lindsey petitioned for post conviction relief (PCR), which the circuit court dismissed. This Court vacated the dismissal of Lindsey's application for PCR and remanded the case for the PCR court to issue a new order with findings of fact and conclusions of law on each issue presented in Lindsey's PCR application. The PCR court issued an amended order, again denying Lindsey PCR. Lindsey petitioned for a writ of certiorari from the PCR court's new order, which we granted to review whether (1) the amended PCR order complied with this Court's previous order; and (2) Lindsey's trial counsel acted ineffectively by failing to adequately investigate, prepare, and present his mitigation defense, specifically by failing to hire a social work expert to testify about Lindsey's upbringing or a prison adaptability expert to testify as to whether Lindsey would pose an unreasonable threat to others by being sentenced to life imprisonment instead of death.
Tuesday, June 27, 2023
2023-000896 - Planned Parenthood South Atlantic, et al. v. State of South Carolina, et al.
This Court will review a circuit court order granting an injunction against enforcement of the 2023 Fetal Heartbeat and Protection from Abortion Act.
Thursday, June 8, 2023
2021-001505 - The State v. Jason Franklin Carver
The Court granted a writ of certiorari to review the court of appeals' decision in State v. Carver, Op. No. 2021-UP-278 (S.C. Ct. App. filed July 21, 2021).
2022-000320 - Frank Rish, Sr. v. Kathy Rish
The Court granted a petition for a writ of certiorari to review the the court of appeals' decision in Rish v. Rish, 435 S.C. 681, 868 S.E.2d 719 (Ct. App. 2021). The Court will consider whether the court of appeals erred in vacating a family court order terminating alimony.
Wednesday, June 7, 2023
2021-001292 - Deutsche Bank v. Patricia Ann Owens Houck
In this appeal, we review the court of appeals' holding that Respondent's foreclosure claim was a permissive counterclaim and, therefore, not barred by the doctrine of res judicata. Deutsche Bank Nat. Tr. Co. v. Est. of Houck, 434 S.C. 500, 863 S.E.2d 829 (Ct. App. 2021).
2021-001498 - The State v. Tommy Lee Benton
The Court granted a petition for a writ of certiorari to review the decision of the court of appeals in State v. Benton, 435 S.C. 250, 865 S.E.2d 919 (Ct. App. 2021). The Court will consider whether the court of appeals erred in (1) holding double jeopardy did not bar a second trial after the trial court declared a mistrial on Petitioner's charges of murder, first-degree burglary, first-degree arson, and third-degree arson based on Petitioner's failure to formally comply with the notice requirement for an alibi defense under Rule 5(e), SCRCrimP; (2) holding the trial court acted within its discretion in admitting photographs of the victim's body at the crime scene; and (3) affirming the trial court's admission of text and Facebook messages.
Tuesday, June 6, 2023
2020-000108 - The State v. Thomas C. F. Jones
In this case, the Court will address challenges to the constitutionality of a Greenville County ordinance pertaining to interfering with law enforcement officers.
2022-000003 - Vickie Rummage v. BGF Industries
The Court has granted a petition for a writ of certiorari to review the decision of the court of appeals in Rummage v. BGF Industries, 434 S.C. 441, 865 S.E.2d 380 (Ct. App. 2021). The petitioner contends the court of appeals erred in affirming an order of the Appellate Panel of the Workers' Compensation Commission denying her claim for benefits based on the aggravation of a preexisting psychological condition.
Wednesday, May 17, 2023
2021-000122 - The State v. James Heyward
The Court granted a petition for a writ of certiorari to review the court of appeals' decision in State v. Heyward, 432 S.C. 296, 852 S.E.2d 452 (Ct. App. 2020). The Court will review five issues related to fingerprint evidence, removal of a defendant's shackles, expert testimony, use of the defendant's alias during trial, and admission of autopsy photos.
2021-000721 - The Estate of Jane Doe 202 v. City of North Charleston
We granted Jane Doe's petition for a writ of certiorari to review the court of appeals' decision in Est. of Doe 202 by Doe MM v. City of N. Charleston, 433 S.C. 444, 858 S.E.2d 814 (Ct. App. 2021). We will determine whether the trial court erred in declining to re-charge the jury on nominal damages.
2021-001356 - The State v. Carmie J. Nelson
This Court granted a petition for a writ of certiorari to review the decision of the court of appeals in State v. Nelson, Op. No. 2021-UP-330 (S.C. Ct. App. filed Oct. 22, 2021). The Court will consider whether the court of appeals erred in finding the trial court did not abuse its discretion in admitting autopsy photos because the photos were not needed to help the jury understand the victim's injuries and under Rule 403, SCRE, the photos were inadmissible because their probative value was substantially outweighed by the dangers of unfair prejudice.
Tuesday, May 16, 2023
2022-001378 - United States of America v. Patrick Fitzgerald Clemons
This Court will answer the following questions certified by the United States Fourth Circuit Court of Appeals: (1) what mental state is required to commit South Carolina Assault and Battery, Second Degree, in violation of section 16-3-600 of the South Carolina Code; and (2) what mental state is required to commit South Carolina Criminal Domestic Violence of a High and Aggravated nature in violation of section 16-25-65 of the South Carolina Code.
2021-000985 - The State v. Robert Lee Miller, III
The Court granted a writ of certiorari to review the court of appeals' opinion in State v. Miller, 433 S.C. 613, 861 S.E.2d 373 (Ct. App. 2021).
Wednesday, April 26, 2023
2023-000629 - State of South Carolina v. Jeroid J. Price
Thursday, April 20, 2023
2021-000947 - The State v. John E. Perry, Jr.
The Court granted a petition for a writ of certiorari to review the decision of the court of appeals in State v. Perry, 434 S.C. 92, 862 S.E.2d 451 (Ct. App. 2021). A jury convicted Perry of attempted murder. The Court will consider whether the court of appeals erred in reversing Perry's conviction where the trial court charged the jury, "When the intent to do an act that violates the law exists[,] motive becomes immaterial."
2021-001246 - The State v. Charles Dent
The Court granted a writ of certiorari to review the court of appeals' decision in State v. Dent, 434 S.C. 357, 863 S.E.2d 478 (Ct. App. 2021).
Wednesday, April 19, 2023
2021-001043 - The State v. General T. Little
We granted Little's petition for a writ of certiorari to review the court of appeals' decision in State v. Little, Op. No. 2021-UP-196 (S.C. Ct. App. filed July 21, 2021). We will determine whether the trial court erred in (1) denying Little's motion to suppress, (2) denying Little's motion for a mistrial, and (3) admitting testimony from the State's footwear expert.
2021-001520 - Jeffrey Cruce v. Berkeley County School District
The Court granted a petition for a writ of certiorari to review the decision of the court of appeals in Cruce v. Berkeley County School District, 435 S.C. 7, 865 S.E.2d 391 (Ct. App. 2021). The court will consider whether the court of appeals erred in (1) holding Cruce was a public figure or limited public figure and (2) relying on Garrard v. Charleston County School District, 429 S.C. 170, 838 S.E.2d 698 (Ct. App. 2019).
Tuesday, April 18, 2023
2019-000529 - Abdiyyah Ben Alkebulanyahh, aka Tyree Roberts v. State
The Court granted a writ of certiorari to review the post-conviction relief (PCR) court's decision regarding what procedures are required by the Court's prior decision in Robertson v. State, 418 S.C. 505, 795 S.E.2d 29 (2016) (permitting successive PCR applications when PCR counsel is not statutorily qualified under the South Carolina Effective Death Penalty Act).
2021-000625 - Road, LLC and Pinckney Point, LLC v. Beaufort County
The Court granted a petition for a writ of certiorari to review the the court of appeals' decision in Road, LLC v. Beaufort County, 433 S.C. 164, 857 S.E.2d 371 (Ct. App. 2021). This case considers a contract claim based on a settlement agreement between a developer of a residential community on the Okatie river, the owner of the only road to that community, and Beaufort County. The Court will consider whether the circuit court erred in setting aside the jury's verdict in favor of Road, LLC.
Thursday, March 30, 2023
2022-000463 - Daufuskie Island v. South Carolina Office of Regulatory Staff
In this direct appeal, appellant Daufuskie Island Utility Co. (DIUC) appeals an order from the Public Service Commission denying DIUC the ability to charge its customers a "reparations surcharge rate."
2021-000910 - The State v. William C. Sellers
The Court granted a petition for a writ of certiorari to review the court of appeals' decision in State v. Sellers, Op. No. 2021-UP-254 (S.C. Ct. App. filed July 7, 2021). The Court will review two jury instructions. The first involved the definition of "malice." The second involved the law of "hand of one hand of all."
Wednesday, March 29, 2023
2021-001042 - Hicks Unlimited v. UniFirst Corporation
The Court granted certiorari to determine whether the Court of Appeals erred in remanding a contract dispute between Hicks Unlimited and Unifirst Corporation for arbitration. The question before the Court is whether the contract involves interstate commerce, and therefore, whether the Federal Arbitration Act governs.
2021-000233 - Paul Branco v. Hull Storey Retail
We granted a petition for a writ of certiorari to review the decision of the court of appeals in Branco v. Hull Storey Retail Group, LLC, Op. No. 2021-UP-009 (S.C. Ct. App. filed Jan. 13, 2021), which reversed the trial court's judgment for Petitioners on their claim against Respondents for tortious interference with a contract.
Tuesday, March 28, 2023
2021-001339 - Phillip Francis Luke Hughes v. Bank of America
This Court granted Phillip Hughes's petition for a writ of certiorari to review the court of appeals' decision in Hughes v. Bank of America National Association, Op. No. 2021-UP-341 (S.C. Ct. App. filed Sept. 29, 2021). We will address whether civil claims for fraud should survive the death of the victim.
2022-000079 - Phillip Francis Luke Hughes v. Bank of America (2)
This Court granted Phillip Hughes's petition for a writ of certiorari to review the court of appeals' decision in Hughes v. Bank of America National Association, Op. No. 2021-UP-354 (S.C. Ct. App. filed Oct. 13, 2021). We will address whether the court of appeals correctly held Bank of America National Association's motion for sanctions was timely.
Wednesday, March 8, 2023
2021-001493 - The State v. James Caleb Williams
The Court granted a petition for a writ of certiorari to review the decision of the court of appeals in State v. Williams, 435 S.C. 288, 867 S.E.2d 430 (Ct. App. 2021). The Court will consider whether the court of appeals erred in reversing Williams' convictions for attempted murder and possession of a weapon during the commission of a violent crime on the ground that the doctrine of transferred intent does not apply to attempted murder charges.
2021-001007 - The State v. Richard Passio, Jr.
The Court granted a petition for a writ of certiorari to review the court of appeals' decision in State v. Passio, 433 S.C. 666, 861 S.E.2d 785 (Ct. App. 2021).
2021-000894 - Peter Rice v. John Doe
The Court granted a petition for a writ of certiorari to review the court of appeals' opinion in Rice v. Doe, No. 2021-UP-229 (S.C. Ct. App. filed June 23, 2021). The Court will decide whether the circuit court improperly overruled a prior circuit court order and whether the witness affidavit required by S.C. Code Ann. § 38-77-170 is a condition precedent to maintaining a "John Doe" lawsuit.
Tuesday, March 7, 2023
2022-000887 - Travelers Property Casualty Company of America v. Hawthorne, etc.
The Court will answer the following question certified by the United States District Court for the District of South Carolina: If a law enforcement officer stops a motorist on a public highway, and during that traffic stop directs the motorist to exit his vehicle and to approach the officer's vehicle to provide his vehicle registration card, is the motorist "insured" for purposes of Underinsured Motorist Coverage when he is struck by a passing vehicle on the public highway when standing at the officer's vehicle?
2021-000643 - The State v. Ontavious D. Plumer
The trial court declined Ontavious Plumer's request for a jury instruction on the law of self-defense. The jury subsequently found Plumer guilty of attempted murder and possession of a weapon during the commission of a violent crime. Plumer was sentenced to life without parole for attempted murder and a concurrent term of five years' imprisonment for the corresponding weapons offense. The court of appeals affirmed the trial court's denial to instruct the jury on self-defense but vacated Plumer's sentence for the weapons offense. State v. Plumer, 433 S.C. 300, 857 S.E.2d 796 (Ct. App. 2021). We granted Plumer and the State writs of certiorari to review the court of appeals' decision.
Thursday, February 9, 2023
2021-001074 - Ani Creation Inc, et al. v. City of Myrtle Beach
This direct appeal presents a number of constitutional challenges to an amendment of the City of Myrtle Beach's zoning ordinances.
2022-000388 - John Doe v. Mark Keel, in his official capacity, etc.
The United States District Court for the District of South Carolina certified the following question for this Court's consideration: Does the South Carolina Sex Offender Registry Act (SORA) permit the publication of out-of-state offenders--i.e., individuals with qualifying sexual offenses but who do not live in South Carolina--on the state's public sex offender registry?
Wednesday, February 8, 2023
2021-000146 - The State v. Randy Wright
A jury found Randy Wright guilty of assault and battery of a high and aggravated nature. Before the jury was discharged, Wright requested the trial court to poll each juror individually. The trial court denied Wright's request, and the court of appeals reversed. State v. Wright, 432 S.C. 365, 852 S.E.2d 468 (Ct. App. 2020). We granted Wright's petition for a writ of certiorari to review the court of appeals' decision.
2021-001492 - The State v. Travis L. Lawrence
The Court granted a petition for a writ of certiorari to review the decision of the court of appeals in State v. Lawrence, 435 S.C. 231, 865 S.E.2d 800 (Ct. App. 2021). The Court will consider whether the court of appeals erred in affirming the trial court's ruling that Petitioner's co-defendant was not required to testify when he invoked the right against self-incrimination.
Thursday, January 12, 2023
2021-000622 - The State v. Guadalupe G. Morales
The Court granted the State's petition for a writ of certiorari to review the court of appeals' opinion in State v. Morales, 433 S.C. 196, 857 S.E.2d 383 (Ct. App. 2021). The Court will decide whether testimony from the victim's sister was admissible at trial pursuant to Rule 404(b) of the South Carolina Rules of Evidence.
2021-000711 - The State v. William Lee Carpenter
The Court granted a petition for a writ of certiorari to review the court of appeals' decision in State v. Carpenter, Op. No. 2021-UP-182 (S.C. Ct. App. filed May 19, 2021).
Thursday, January 5, 2023
2022-001280 - Freddie E. Owens, et al. v. Bryan P. Stirling, et al.
In this cross-appeal, the Court reviews an order finding the firing squad and the electric chair, two of South Carolina's methods of imposing the death penalty under S.C. Code Ann. § 24-3-530 (Supp. 2022), are unconstitutional.