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.