South Carolina Case Commentaries

Challenges to Bond-Financed Projects Are “On Account of” Bond Issuance and Must Be Filed Within 20 Days Under S.C. Code § 11-15-30

Date: Sep 12, 2026

Challenges to Bond-Financed Projects Are “On Account of” Bond Issuance and Must Be Filed Within 20 Days Under S.C. Code § 11-15-30 1. Introduction In SC Public Interest Foundation v. Oconee County...

Publicly Available Information Is Not “Identifying Information” Under S.C. Code § 24-3-580; Only the Initial Breach of Confidentiality Can Trigger Liability

Date: Sep 4, 2026

Publicly Available Information Is Not “Identifying Information” Under S.C. Code § 24-3-580; Only the Initial Breach of Confidentiality Can Trigger Liability I. Introduction In ACLU v. Wilson (S.C....

Pattern Misconduct + Nonlawyer Fee/Supervision Failures in Adoption Practice Justify Six-Month Definite Suspension; Health Mitigation Requires Causal Link

Date: Aug 13, 2026

Pattern Misconduct + Nonlawyer Fee/Supervision Failures in Adoption Practice Justify Six-Month Definite Suspension; Health Mitigation Requires Causal Link 1. Introduction Case: In the Matter of Paul...

Definite Suspension for COVID-Relief Loan Misrepresentations and Failure to Self-Report a Felony Indictment—Retroactive to Interim Suspension

Date: Aug 13, 2026

Definite Suspension for COVID-Relief Loan Misrepresentations and Failure to Self-Report a Felony Indictment—Retroactive to Interim Suspension Introduction In the Matter of Courtney N. Gilchrist is an...

Persistent Failure to Cooperate with ODC and Client-Status Neglect Justify a One-Year Definite Suspension

Date: Aug 13, 2026

Persistent Failure to Cooperate with ODC and Client-Status Neglect Justify a One-Year Definite Suspension 1. Introduction In the Matter of Michael Demorris Brown (S.C. Sup. Ct. Aug. 12, 2026) is an...

Preponderance of the Evidence Is Constitutionally Sufficient in South Carolina Children’s Code Intervention Proceedings (S.C. Code § 63-7-1650(E))

Date: Aug 1, 2026

Preponderance of the Evidence Is Constitutionally Sufficient in South Carolina Children’s Code Intervention Proceedings (S.C. Code § 63-7-1650(E)) 1. Introduction In SCDSS v. Gerardo Pimienta (S.C....

Henson v. SCDC: No Interlocutory Appeals of Class Certification and Predominance Inherent in Rule 23(a)

Date: Jul 24, 2026

Henson v. SCDC: No Interlocutory Appeal of Class-Certification Orders; “Predominance” and a Qualitative Commonality Test Are Inherent in Rule 23(a) Court: Supreme Court of South Carolina Date: July...

Heatley v. State: Reasonable Doubt Is the Only Mandatory Standard—No “Consistency/Conclusive Guilt” Requirement in Circumstantial-Evidence Jury Charges

Date: Jul 24, 2026

Heatley v. State: Reasonable Doubt Is the Only Mandatory Standard—No “Consistency/Conclusive Guilt” Requirement in Circumstantial-Evidence Jury Charges Court: Supreme Court of South Carolina Date:...

Probate Fiduciary Roles Are Not “Trust Business” Under S.C. Code § 34-21-10

Date: Jul 18, 2026

Probate Fiduciary Roles Are Not “Trust Business” Under S.C. Code § 34-21-10 Introduction In SC Board of Financial Instituions v. CDM Corp, Inc. (S.C. July 15, 2026), the Supreme Court of South...

Municipal Dock Prohibitions Upheld When Broadly Applicable and Tied to Conservation, Recreation, and Aesthetics

Date: Jul 4, 2026

Municipal Dock Prohibitions Upheld When Broadly Applicable and Tied to Conservation, Recreation, and Aesthetics Introduction Vannata v. Town of Sullivan's Island Board of Zoning Appeals (S.C. Sup....

Certification Required When Provisional-Ballot Record Eliminates “Doubt” About the Election Result

Date: Jun 22, 2026

Certification Required When Provisional-Ballot Record Eliminates “Doubt” About the Election Result Introduction In Josephine Isom v. Town of Atlantic Beach Municipal Election Commission (S.C. Sup....

AAA-Rule Incorporation Does Not “Clearly and Unmistakably” Delegate Arbitrability When the Contract Adopts South Carolina Arbitration Procedure; Arbitration Clauses that Functionally Shorten Limitations Are Unconscionable

Date: Jun 12, 2026

AAA-Rule Incorporation Does Not “Clearly and Unmistakably” Delegate Arbitrability When the Contract Adopts South Carolina Arbitration Procedure; Arbitration Clauses that Functionally Shorten...

Protection of Persons and Property Act: Derivative Civil Immunity for Employers/Business Owners When an Employee’s Use of Deadly Force Is Adjudged Justified

Date: Jun 12, 2026

Protection of Persons and Property Act: Derivative Civil Immunity for Employers/Business Owners When an Employee’s Use of Deadly Force Is Adjudged Justified Case: Antoinet Moore v. Green's Grocery...

South Carolina Limits Pre‑Judgment Receivers to Case‑Connected Asset Recovery, Rejects Foreign-Comity Attacks on Personal Jurisdiction, and Clarifies Bond and Probate Relation‑Back Rules

Date: Jun 2, 2026

South Carolina Limits Pre‑Judgment Receivers to Case‑Connected Asset Recovery, Rejects Foreign-Comity Attacks on Personal Jurisdiction, and Clarifies Bond and Probate Relation‑Back Rules 1....

Aleksey: Developmental-Period Evidence and Cross-Examination Constraints in Atkins PCR Proceedings

Date: May 22, 2026

Aleksey: Developmental-Period Evidence and Cross-Examination Constraints in Atkins PCR Proceedings Case: Bayan Aleksey v. State of South Carolina (S.C. Sup. Ct., Opinion No. 28333, filed May 20,...

Retroactive Statutory Amendments Are Constitutionally Permissible in South Carolina (Overruling Lindsay) So Long as Final Judgments Remain Undisturbed

Date: May 19, 2026

Retroactive Statutory Amendments Are Constitutionally Permissible in South Carolina (Overruling Lindsay) So Long as Final Judgments Remain Undisturbed I. Introduction In these consolidated class...

South Carolina Bars Penile Plethysmography (PPG) Evidence in SVP Trials Absent Standardized, Reliable Science

Date: May 19, 2026

South Carolina Bars Penile Plethysmography (PPG) Evidence in SVP Trials Absent Standardized, Reliable Science Case: In the Matter of the Care and Treatment of Andy Eugene Hyman (S.C. Sup. Ct. Op. No....

South Carolina Adopts the Cheek Three-Step Remmer Framework, Bars Juror “Effect” Testimony Under Rule 606(b), and Overrules Ethier on Mental-Process Evidence

Date: May 19, 2026

South Carolina Adopts the Cheek Three-Step Remmer Framework, Bars Juror “Effect” Testimony Under Rule 606(b), and Overrules Ethier on Mental-Process Evidence I. Introduction In State v. Richard...

State v. Shank: No Lesser-Included Third-Degree Assault Charge When Vehicle Use Satisfies ABHAN “Means Likely” Prong and Only General Intent (Recklessness) Is Required

Date: May 8, 2026

State v. Shank: No Lesser-Included Third-Degree Assault Charge When Vehicle Use Satisfies ABHAN “Means Likely” Prong and Only General Intent (Recklessness) Is Required I. Introduction State v. Samir...

Medpay “Expenses Incurred” Means Amounts the Insured Is Legally Obligated to Pay—No Recovery of Medicaid Write-Offs

Date: Apr 24, 2026

Medpay “Expenses Incurred” Means Amounts the Insured Is Legally Obligated to Pay—No Recovery of Medicaid Write-Offs Case: Alexis Jones v. Progressive Northern Insurance Company Court: Supreme Court...