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  • Commentaries
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South Carolina Case Commentaries

State v. Erb: Improvident Mistrials After Jury Polling and the Double Jeopardy Bar on Retrial of Greater and Lesser-Included Offenses

State v. Erb: Improvident Mistrials After Jury Polling and the Double Jeopardy Bar on Retrial of Greater and Lesser-Included Offenses

Date: Nov 30, 2025
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

State v. Eastwood: Polygraph-Context Evidence and False Confessions Under South Carolina Rule 403

Date: Nov 21, 2025
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

No Mid‑Term Increases to Legislative “In‑District Compensation”: South Carolina Supreme Court Clarifies Compensation vs. Expense Reimbursement in Climer v. Loftis

Date: Nov 16, 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 Fee-Reasonableness Review Absent Statutory Authority

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 Fee-Reasonableness Review Absent Statutory Authority

Date: Nov 16, 2025
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

When “Rent Payments Due” Means What? Interpreting Termination Remedies, Parol Evidence, and Liquidated-Damages Scrutiny in a Public‑Private Parking Contract

Date: Nov 16, 2025
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

Thompson v. Killian: RPA Limited to Title 12 Taxes; Class Actions Against Local Governments Permitted Outside Property Tax Disputes; Unjust Enrichment Barred by SCTCA

Date: Nov 7, 2025
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

Adoption-with-Review: South Carolina Upholds Party-Drafted PCR Orders and Reaffirms Prejudice-Driven Mitigation Review in Capital Cases

Date: Nov 7, 2025
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 Intact

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 Intact

Date: Nov 1, 2025
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: Commentary on Crook v. South Carolina Election Commission

Reinforcing Strict Rule 65 Compliance and the Apex Doctrine in Emergency Suits Against State Agencies: Commentary on Crook v. South Carolina Election Commission

Date: Sep 12, 2025
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)

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)

Date: Sep 9, 2025
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

State v. Sweet – Waiver of Non-Jurisdictional Indictment Defects After a Guilty Plea

Date: Aug 25, 2025
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...
Commentary:  “Meritorious Defense” Now Encompasses Damages and Causation —  Green v. Johnson, 28296 (S.C. 2025)

Commentary: “Meritorious Defense” Now Encompasses Damages and Causation — Green v. Johnson, 28296 (S.C. 2025)

Date: Aug 15, 2025
“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

Green v. McGee: Carving Out Punitive Damages from Set-Offs and Preserving Joint-and-Several Liability for Reckless Tortfeasors

Date: Aug 15, 2025
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 as “Earnable Compensation” under the South Carolina Retirement System:  A Commentary on William M. Luce v. Lexington County Health Services District, Inc.

Shift-Differential & Premium Pay as “Earnable Compensation” under the South Carolina Retirement System: A Commentary on William M. Luce v. Lexington County Health Services District, Inc.

Date: Aug 13, 2025
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

Carroll v. Isle of Palms Pest Control, Inc.: South Carolina Re-anchors the Economic Loss Rule in Product Liability Law

Date: Jul 24, 2025
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

“Loud-Boisterous-Unreasonable”: Whitehurst v. Town of Sullivan’s Island and the Constitutional Resilience of General-Noise Ordinances

Date: Jul 23, 2025
“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

The “Dent Doctrine” – When the Indictment Rules the Trial: South Carolina Supreme Court bars constructive amendment of child-sex indictments

Date: Jul 23, 2025
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

Clarifying Prejudice in Ineffective Assistance Claims: Collateral Injury Evidence and Extreme Indifference

Date: May 29, 2025
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...
Welch v. Atlas Turner: Enforcement of Corporate Discovery Obligations and Pre-Judgment Receivership Over Insurance Assets

Welch v. Atlas Turner: Enforcement of Corporate Discovery Obligations and Pre-Judgment Receivership Over Insurance Assets

Date: May 22, 2025
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

Establishing Objective Cardiac Activity as the Definitive “Fetal Heartbeat” Under the 2023 South Carolina Fetal Heartbeat Act

Date: May 15, 2025
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...
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