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State v. Erb: Improvident Mistrials After Jury Polling and the Double Jeopardy Bar on Retrial of Greater and Lesser-Included Offenses I. Introduction The Supreme Court of South Carolina’s substituted...
State v. Eastwood: Polygraph-Context Evidence and False Confessions Under South Carolina Rule 403 I. Introduction In State v. Kenneth Henry Eastwood, Opinion No. 28308 (S.C. Sup. Ct. Nov. 19, 2025),...
No Mid‑Term Increases to Legislative “In‑District Compensation”: South Carolina Supreme Court Clarifies Compensation vs. Expense Reimbursement in Climer v. Loftis Introduction This...
Settlement Language Can “Award” Fees and Contractual Fee Obligations Qualify as “Other Disposition Required by Law”: The South Carolina Supreme Court Clarifies § 1‑7‑150(B) and Forecloses Judicial...
When “Rent Payments Due” Means What? Interpreting Termination Remedies, Parol Evidence, and Liquidated-Damages Scrutiny in a Public‑Private Parking Contract Case: Shem Creek Development Group, LLC v....
Thompson v. Killian: RPA Limited to Title 12 Taxes; Class Actions Against Local Governments Permitted Outside Property Tax Disputes; Unjust Enrichment Barred by SCTCA Introduction In Mark Gregory...
Adoption-with-Review: South Carolina Upholds Party-Drafted PCR Orders and Reaffirms Prejudice-Driven Mitigation Review in Capital Cases Introduction In Marion Alexander Lindsey v. State, Opinion No....
Planned Developments May Depart from Countywide Parking Rules: South Carolina Supreme Court Affirms PD Flexibility and Rejects Takings/Due Process Claims where Nonexclusive Parking Easement Remains...
Reinforcing Strict Rule 65 Compliance and the Apex Doctrine in Emergency Suits Against State Agencies Case: Crook v. South Carolina Election Commission Court: Supreme Court of South Carolina Date:...
Finality of Partial Acquittals and Limits on Mistrials After Jury Polling: The South Carolina Supreme Court’s Double-Jeopardy Blueprint in State v. Erb (2025) Introduction In State v. John Joseph...
State v. Sweet – Waiver of Non-Jurisdictional Indictment Defects After a Guilty Plea Introduction In State v. Tony T. Sweet, Opinion No. 28297 (Aug. 20, 2025), the South Carolina Supreme Court...
“Meritorious Defense” Now Encompasses Damages and Proximate Cause: A Detailed Commentary on Green v. Johnson (Supreme Court of South Carolina, 2025) 1. Introduction Green v. Johnson presented the...
Green v. McGee: Carving Out Punitive Damages from Set-Offs and Preserving Joint-and-Several Liability for Reckless Tortfeasors 1. Introduction This commentary examines the South Carolina Supreme...
Shift-Differential & Premium Pay Are “Earnable Compensation” under the South Carolina Retirement System Introduction In William M. Luce v. Lexington County Health Services District, Inc., the Supreme...
Carroll v. Isle of Palms Pest Control, Inc.: South Carolina Re-anchors the Economic Loss Rule in Product Liability Law Introduction In James E. Carroll, Jr. v. Isle of Palms Pest Control, Inc., the...
“Loud-Boisterous-Unreasonable”: Whitehurst v. Town of Sullivan’s Island and the Constitutional Resilience of General-Noise Ordinances Introduction In Meredith Logan Whitehurst v. Town of Sullivan’s...
The “Dent Doctrine” – When the Indictment Rules the Trial: South Carolina Supreme Court bars constructive amendment of child-sex indictments 1. Introduction In State v. Charles Dent, Opinion...
Clarifying Prejudice in Ineffective Assistance Claims: Collateral Injury Evidence and Extreme Indifference Introduction Mitchell Rivers v. State of South Carolina (No. 28285, May 28, 2025) addresses...
Enforcement of Corporate Discovery Obligations and Pre-Judgment Receivership Over Insurance Assets Introduction In Donna B. Welch v. Atlas Turner, Inc., the Supreme Court of South Carolina confronted...
Establishing Objective Cardiac Activity as the Definitive “Fetal Heartbeat” Under the 2023 South Carolina Fetal Heartbeat Act Introduction This commentary examines the Supreme Court of South...