Wednesday, October 13, 2021
2020-000891 - Michael Elders v. State
Michael Elders was convicted of first-degree criminal sexual conduct with a minor and lewd act upon a minor. In the subsequent PCR case, we granted the State a writ of certiorari to review the court of appeals' decision in Elders v. State, Op. No. 2020-UP-093 (S.C. Ct. App. filed Apr. 8, 2020). The Court will determine whether the court of appeals erred in holding trial counsel was ineffective for failing to object to a forensic interviewer's statement that the minor was "recommended for evidence-based therapy."
2020-000901 - Jacquelin Bennett v. Estate of James King
The Court granted a writ of certiorari to review the court of appeals' decision in Bennett ex rel. Estate of Stevenson v. Estate of King, Op. No. 2019-UP-412 (S.C. Ct. App. filed Dec. 31, 2019).
Tuesday, October 12, 2021
2019-001280 - The State v. Jerome Jenkins, Jr.
A jury convicted Jerome Jenkins Jr. of murder, attempted murder, and armed robbery, and sentenced him to death on the murder charge. In this death penalty appeal, the Court will consider a constitutional challenge to section 16-3-20(B) of the South Carolina Code (2015) and several evidentiary and procedural rulings made by the trial court.
Monday, October 4, 2021
2021-000883 - Sheena Brannon, et al. v. Henry Dargan McMaster, et al.
The Court certified this appeal of an order denying a motion for a preliminary injunction to require the South Carolina Department of Employment and Workforce to re-enroll in three federal emergency unemployment programs following the Governor's order to cease participation in the programs.
Wednesday, September 22, 2021
2021-000027 - Poly-Med, Inc. v. Novus Scientific Pte. Ltd.
The United States Court of Appeals for the Fourth Circuit has certified a question of law to this Court pursuant to Rule 244, SCACR.
2020-000653 - The State v. Kelvin Jones
Petitioner was convicted of trafficking cocaine and possession with intent to distribute cocaine within proximity of a school. Before trial, Petitioner filed a motion to suppress drugs seized based on a warrant that lacked probable cause, which the trial court denied. On appeal, the court of appeals found the issue not preserved for review, and we granted certiorari.
Tuesday, September 21, 2021
2020-001184 - The State v. Kenneth Taylor
The magistrate dismissed this DUI case because Respondent was heard but not shown on the video recording while being advised of his Miranda rights, finding this was in violation of S.C. Code Ann. § 56-5-2953(A). The circuit court and court of appeals affirmed. State v. Taylor, Op. No. 2020-UP-215 (S.C. Ct. App. filed July 15, 2020). The Court granted the State's petition for a writ of certiorari to review the court of appeals' decision.
2018-002090 - The State v. Mary Ann German
Appellant appeals her conviction for felony DUI resulting in death, arguing the circuit court erred in denying her motion to suppress BAC evidence obtained from a warrantless blood draw taken after her arrest. The Court of Appeals requested certification to the Supreme Court pursuant to Rule 204(B), SCACR. The Court will consider whether section 56-5-2946 of the South Carolina Code is constitutional and whether a warrantless blood draw is permissible as a search incident to arrest.
Tuesday, August 31, 2021
2021-000889 - Wilson, Attorney General, et al. v. City of Columbia
The Court has agreed to hear this request for declaratory relief in its original jurisdiction to determine the validity of mask mandate ordinances for schools and daycares enacted by the City of Columbia.
2021-000892 - Richland County School District 2, et al. v. Lucas, Speaker, et al.
The Court has agreed to decide this request for declaratory and injunctive relief in its original jurisdiction to determine the validity of Proviso 1.108 and Proviso 1.103 of the 2021-2022 Appropriations Act.
Thursday, June 17, 2021
2020-000457 - Gunjit Singh v. Simran Singh
In this domestic litigation, the parties submitted issues of child custody, visitation, and support to binding arbitration. The family court ultimately approved the agreements to arbitrate these matters, and the mother appealed. The court of appeals reversed, concluding a family court's jurisdiction to determine the best interest of a child may not be divested through any agreement or order.
2020-000660 - Shelton Lathal Butler, Jr. v. State of South Carolina
In its original jurisdiction, the Court considers whether a defendant can be convicted of a crime under the concept of accomplice liability when the purported principal is not convicted of the same crime.
Wednesday, June 16, 2021
2020-000677 - Lukas Stasi v. Mallory Sweigart
The family court in this case terminated the mother's parental rights on the basis of a willful failure to visit her child. The court of appeals reversed. Stasi v. Sweigart, No. 2018-002149 (S.C. Ct. App. filed Dec. 10, 2019). The Court granted a writ of certiorari to review the court of appeals' decision.
2020-000445 - PCS Nitrogen, Inc. v. Continental Casualty Co.
The Court granted a writ of certiorari to review the court of appeals' decision in PCS Nitrogen, Inc. v. Continental Casualty Co., 429 S.C. 30, 837 S.E.2d 662 (Ct. App. 2019).
Tuesday, June 15, 2021
2020-000710 - Jeanne Beverly v. Grand Strand Regional
The Court granted a writ of certiorari to determine whether the court of appeals erred in reversing the trial court's dismissal of Beverly's breach of contract and unjust enrichment claims.
2020-001283 - In Re: Application of Blue Granite Water Company
his direct appeal from the Public Service Commission (PSC) involves a number of challenges to the PSC's order involving Blue Granite Water's most recent application to increase its rates.
Wednesday, May 26, 2021
2020-000523 - Carla D. Garrison v. Target Corporation
In this negligence action, the Court granted cross-petitions for a writ of certiorari to review the court of appeals' decision in Garrison v. Target Corporation, 429 S.C. 324, 838 S.E.2d 18 (Ct. App. 2020) to determine whether the court erred in its determinations regarding Target's motion for a judgment notwithstanding the verdict (JNOV) as to liability and the jury's punitive damages award in favor of Garrison.
2019-001900 - Duke Energy Carolinas, LLC v. Office of Regulatory Staff
This direct, cross-appeal from the Public Service Commission (PSC) is the first of two arguments associated with Duke Energy Progress, LLC's and Duke Energy Carolinas, LLC's (collectively, Duke) most recent ratemaking applications and the PSC's resultant decisions, which were consolidated for purposes of oral argument. In the first argument, the Court will hear Duke's contentions that the PSC incorrectly denied it (1) environmental compliance costs associated with North Carolina law, (2) litigation costs incurred in defending itself from various lawsuits, and (3) a rate of return on specified deferred costs.
2019-001904 - Duke Energy Progress, LLC v. Office of Regulatory Staff
This direct, cross-appeal from the Public Service Commission (PSC) is the second of two arguments associated with Duke Energy Progress, LLC's and Duke Energy Carolinas, LLC's (collectively, Duke) most recent ratemaking applications and the PSC's resultant decisions, which were consolidated for purposes of oral argument. In the second argument, the Court will hear the South Carolina Energy Users Committee's contention that the PSC erred in awarding Duke preconstruction costs associated with a now-abandoned nuclear project.
Tuesday, May 25, 2021
2020-000439 - USAA v. Belinda Pickens
In this insurance case, the Court is asked to determine whether the trial court erred in interpreting South Carolina Code Section 38-77-340 to exclude Appellant's uninsured motorist claim.
2020-000970 - Jennifer Pinckney, et al. v. Harvey Peeler, et al.
In its original jurisdiction, the Court will determine whether section 10-1-165 of the South Carolina Code (2011) violates the South Carolina Constitution.
2020-000448 - Pickens County v. SCDHEC
The Court issued a writ of certiorari to review the court of appeals' decision in Pickens County v. South Carolina Department of Health and Environmental Control, 429 S.C. 92, 837 S.E.2d 743 (Ct. App. 2020).
Thursday, May 6, 2021
2020-001572 - Mercury Funding, LLC v. Kimberly Chesney
In its original jurisdiction, the Court will consider whether Act 174 violates Article III, Section 17 of the South Carolina Constitution.
2020-000462 - Grange Mutual v. 20/20 Auto Glass
The trial court found Southern Glass & Plastics Co. v. Kemper, 399 S.C. 483, 732 S.E.2d 205 (Ct. App. 2012), controlled, and a unilateral contract was formed when 20/20 Auto Glass, LLC consistently objected to Grange's rates but performed glass repair and replacement services for claimants insured by Grange. The court of appeals affirmed. Grange Mutual Casualty and Trustguard Insurance Company v. 20/20 Auto Glass, LLC, Op. No. 2019-UP-419 (S.C. Ct. App. filed Dec. 31, 2019). This Court granted certiorari to review the court of appeals' decision. 20/20 Auto Glass, LLC argues the court of appeals erred in affirming the trial court's ruling that a unilateral contract was formed between the parties and in failing to consider the effect of S.C. Code Ann. § 38-57-75 (2015) and Narruhn v. Alea London Ltd., 404 S.C. 337, 745 S.E.2d 90 (2013) in its analysis.
2020-000481 - David Lemon v. Mt. Pleasant Waterworks
In this workers' compensation case, the Court issued a writ of certiorari to review the Court of Appeals' decision in Lemon v. Mt. Pleasant Waterworks, 429 S.C. 59, 837 S.E.2d 738 (Ct. App. 2019), to determine whether an employer may claim a credit for prior awards to the injured worker.
Wednesday, May 5, 2021
2020-001519 - Richard Bernard Moore v. Bryan P. Stirling, Commissioner
This matter is before the Court on a petition for a writ of habeas corpus from petitioner's conviction for murder and sentence to death.
2020-000689 - Mario Escalante v. David L. Rodgers
This case concerns the application of res judicata in a matter where proceedings where initiated in state court followed by a federal lawsuit. The federal suit was decided first, and the trial court in the state action found res judicata applied. The court of appeals affirmed.
Wednesday, April 14, 2021
2020-000431 - Alicia Rudick v. Brian Rudick
The Court granted a writ of certiorari to review the court of appeals' decision in Rudick v. Rudick, Op. No. 2016-002169 (S.C. Ct. App. filed Dec. 18, 2019). The Court will determine whether the family court's award of alimony was proper.
2020-001195 - Curt O. Hall v. UBS Financial Services Inc., et al.
The United States District Court for the District of South Carolina asks this Court to determine: (1) whether terminable-at-will employment relationships are contractual in nature as a matter of law; (2) whether the implied covenant of good faith and fair dealing arises in the context of terminable-at-will employment relationships, and whether an employer's termination of an at-will employee may give rise to a claim by the former employee against the employer for breach of the implied covenant of good faith and fair dealing; and (3) whether an employer's termination of an at-will employee, which results from a third-party employee's report to the employer, may give rise to a claim by the former employee against the third-party employee for tortious interference with a contractual relationship.
Tuesday, April 13, 2021
2020-000370 - J. Daniel Mahoney v. The Muhler Company, Inc.
The Court granted a writ of certiorari to consider whether an order compelling arbitration was immediately appealable when the order simultaneously severed a portion of the arbitration agreement concerning the selection of arbitrators.
2020-000567 - The State v. Shane Washington
The Court granted a writ of certiorari to determine whether the court of appeals erred in affirming the trial court's admission of subsequent acts of unindicted sexual misconduct.
Wednesday, March 24, 2021
2020-001285 - Miriam Butler, et al. v. The Travelers Home and Marine Insurance Company, et al.
The United States District Court for the District of South Carolina certified, and this Court accepted, the following question, "When a homeowners' insurance policy does not define the term 'actual cash value,' may an insurer depreciate the cost of labor in determining the 'actual cash value' of a covered loss when the estimated cost to repair or replace the damaged property includes both materials and embedded labor components?"
2020-000024 - The State v. Ontario Stefon Patrick Makins
Ontario Stefon Patrick Makins was convicted of third-degree criminal sexual conduct with a minor. The court of appeals reversed his conviction, holding the child's therapist's testimony as an expert in child sexual abuse trauma and as a fact witness regarding the child's abuse improperly bolstered the child's testimony. State v. Makins, 428 S.C. 440, 835 S.E.2d 532 (Ct. App. 2019). This Court granted the State a writ of certiorari to review this holding.
Tuesday, March 23, 2021
2020-000266 - In Re: Application of Carolina Water Service
This direct appeal involves a challenge to the decision of the Public Service Commission to deny Carolina Water Service, Inc. (CWS) the ability to pass along to consumers its litigation costs in a series of cases involving CWS's alleged violations of the federal Clean Water Act.
2019-000074 - SC Coastal Conservation League v. SCDHEC
In this appeal from the Administrative Law Court, we consider South Carolina Coastal Conservation League's challenge to South Carolina Department of Health and Environmental Control's approval of permits for KDP II, LLC and KRA Development, LP's construction of infrastructure along the banks of the Kiawah River at Captain Sam's Spit.
Wednesday, March 3, 2021
2020-000334 - Faye P. Croft v. Town of Summerville
The Court granted a writ of certiorari to review the court of appeals' decision in Croft v. Town of Summerville, 428 S.C. 576, 837 S.E.2d 219 (Ct. App. 2019). The Court will determine whether the Town of Summerville Board of Architectural Review's conduct leading up to its approval of a development project violated the South Carolina Freedom of Information Act and other open meetings laws.
2020-000329 - John W. Mack, Sr. v. State
We granted John Willie Mack, Sr.'s petition for a writ of certiorari to review the court of appeals' decision in Mack v. State, Op. No. 2019-UP-386 (S.C. Ct. App. filed Dec. 18, 2019), which affirmed the PCR court's dismissal of Mack's second PCR application alleging counsel failed to timely appeal the denial of his application for DNA testing under the Access to Justice Post-Conviction DNA Testing Act, S.C. Code Ann. §§ 17-28-10 to -120 (2014).
Tuesday, March 2, 2021
2019-001815 - The State v. William D. Lewis
In this direct appeal, the Court will consider whether Section 8-1-80 of the South Carolina Code of Laws is unconstitutionally vague and whether the trial court erred in denying both Appellant's motion to quash an indictment and Appellant's motion for a directed verdict.
2020-000050 - SC Lottery Commission v. George Glassmeyer
The Court granted a writ of certiorari to review the court of appeals' decision in S.C. Lottery Comm'n v. Glassmeyer, 428 S.C. 423, 835 S.E.2d 524 (Ct. App. 2019). The Court will determine whether lottery claimants' names, addresses, and phone numbers requested through the South Carolina Freedom of Information Act are exempt from disclosure as an unreasonable invasion of privacy under subsection 30-4-40(a)(2) of the South Carolina Code (Supp. 2020).
Wednesday, February 3, 2021
2020-000045 - The State v. Jonathan Rhodes
Jonathan Rhodes was convicted of two counts of murder, two counts of kidnapping, one count of first-degree burglary, and four counts of possession of a weapon during the commission of a violent crime. The court of appeals affirmed his convictions. State v. Rhodes, Op. No. 2019-UP-361 (S.C. Ct. App. filed Nov. 6, 2019). This Court granted Rhodes a writ of certiorari to determine whether the court of appeals erred in holding (1) the good faith exception prevented the exclusion of cell-site location information investigators obtained without a warrant, and (2) the trial court's error in admitting unreliable expert testimony concerning per call measurement data was harmless beyond a reasonable doubt.
2019-001757 - Win Myat v. Tuomey Regional Medical Center
The Court granted a writ of certiorari to review the court of appeals' decision in Myat v. Tuomey Regional Medical Center, 427 S.C. 601, 832 S.E.2d 306 (Ct. App. 2019).
Tuesday, February 2, 2021
2019-002046 - Rosemary Connelly v. Winsor Custom Homes, LLC
In this negligence case, Ms. Rosemary Connelly was awarded $325,000 subsequent to a jury trial for injuries she sustained when she tripped over a silt fence and fell on a sidewalk in front of a home Winsor Custom Homes, LLC was constructing. The circuit court denied Winsor Custom Homes, LLC's motions for judgment as a matter of law and a new trial partly because the circuit court found inapplicable Section 343A of the Restatement (Second) of Torts regarding a possessor of land's liability to invitees. The circuit court ultimately did not charge the jury on that provision of law. The court of appeals affirmed the circuit court's rulings, and Winsor Custom Homes, LLC appealed to this Court. We granted writ of certiorari to review whether the circuit court erred in denying Winsor Custom Homes, LLC's motions for judgment as a matter of law and whether the circuit court erred in refusing to instruct the jury concerning Section 343A of the Restatement (Second) of Torts so as to entitle the company to a new trial
2020-000026 - Nationwide Insurance v. Kristina Knight
The Court granted a writ of certiorari to review the court of appeals' decision in Nationwide Insurance Company of America v. Knight, 428 S.C. 451, 835 S.E.2d 538 (Ct. App. 2019). The Court will determine the scope of section 38-77-340 of the South Carolina Code (2015) and whether the automobile insurance policy provided underinsured motorist coverage.
Wednesday, January 13, 2021
2020-000092 - Jimmy A. Richardson, II v. $20,771.00, U.S. Currency & Travis Green
Appellant challenges an order of the circuit court finding South Carolina's forfeiture statutes (S.C. Code Ann. §§ 44-53-520 and -530) are unconstitutional because (1) they violate the prohibition on excessive fines in the Eighth Amendment to the United States Constitution and article I, section 15 of the South Carolina Constitution, and (2) they violate due process under the Fifth and Fourteenth Amendments to the United States Constitution and article I, section 3 of the South Carolina Constitution, by placing a burden on the property owner to prove his or her innocence, incentivizing forfeiture officials to pursue forfeiture actions, and failing to provide for judicial review or authorization prior to or subsequent to the seizure.
2020-000612 - Home Builders Association v. State of SC and York County
This appeal involves a constitutional challenge to the South Carolina Development Impact Fee.
Tuesday, January 12, 2021
2019-002052 - Palmetto Construction Group, LLC v. Restoration Specialists, LLC
The Court granted a writ of certiorari to review the court of appeals' decision in Palmetto Construction Group, LLC v. Restoration Specialists, LLC, 428 S.C. 261, 834 S.E.2d 204 (Ct. App. 2019). The Court will determine (1) whether the master-in-equity's order was immediately appealable and (2) whether Restoration Specialists waived its right to arbitration.
2019-002074 - Lucille Ray v. City of Rock Hill
The Court granted a writ of certiorari to review the court of appeals' decision in Ray v. City of Rock Hill, 428 S.C. 358, 834 S.E.2d 464 (Ct. App. 2019). The Court will determine whether the court of appeals erred in holding a genuine issue of material fact exists as to whether the City of Rock Hill engaged in an affirmative, positive, and aggressive act sufficient to support Respondent's inverse condemnation claim.