South Carolina Case Commentaries

Statute of Limitations and the Discovery Rule: An In-Depth Commentary on Dean v. Ruscon Corporation

Date: Mar 26, 1996

Statute of Limitations and the Discovery Rule: An In-Depth Commentary on Dean v. Ruscon Corporation Introduction Dean v. Ruscon Corporation, 321 S.C. 360 (Supreme Court of South Carolina, 1996),...

Judicial Discretion in Remedying Batson Violations: South Carolina v. Franklin

Date: Jan 31, 1995

Judicial Discretion in Remedying Batson Violations: South Carolina v. Franklin Introduction The State v. Ellis Franklin (318 S.C. 47), adjudicated by the Supreme Court of South Carolina on January...

Enforcement of Commercial Lease Terms: Materiality of Breach in KIRIAKIDES v. UNITED ARTISTS COMMUNICATIONS

Date: Jan 18, 1994

Enforcement of Commercial Lease Terms: Materiality of Breach in KIRIAKIDES v. UNITED ARTISTS COMMUNICATIONS Introduction The case of Alex Kiriakides, Jr. and John KIRIAKIDES v. UNITED ARTISTS...

Admissibility of Rape Trauma Evidence in Criminal Sexual Conduct Cases: Analysis of State v. Schumpert

Date: Aug 24, 1993

Admissibility of Rape Trauma Evidence in Criminal Sexual Conduct Cases: Analysis of State v. Schumpert Introduction State v. Frank Carlton Schumpert is a landmark case decided by the Supreme Court of...

Reversal of New Trial Nisi Additur in Contract Dispute: Pelican Building Centers v. Dutton

Date: Feb 23, 1993

Reversal of New Trial Nisi Additur in Contract Dispute: Pelican Building Centers v. Dutton Introduction Pelican Building Centers of Horry-Georgetown, Inc., d/b/a Myrtle Beach Lumber Company, Inc. v....

South Carolina Supreme Court Upholds Jury Malice Instructions as Harmless Error in Murder Convictions

Date: Sep 1, 1992

South Carolina Supreme Court Upholds Jury Malice Instructions as Harmless Error in Murder Convictions Introduction The cases of John D. Arnold and John H. Plath v. State of South Carolina were...

State Farm v. Crossley: Defining Good Faith in Insurance Contracts

Date: Mar 3, 1992

State Farm v. Crossley: Defining Good Faith in Insurance Contracts Introduction The case of Clarence A. Crossley vs. State Farm Mutual Automobile Insurance Company (307 S.C. 354) adjudicated by the...

South Carolina Tax Commission v. Catherine L. Thayer: Reinforcing the Establishment Clause in Tax Exemptions

Date: Jan 14, 1992

South Carolina Tax Commission v. Catherine L. Thayer: Reinforcing the Establishment Clause in Tax Exemptions Introduction In the landmark case Catherine L. Thayer d/b/a C R Marketing v. South...

Death Penalty Permitted for 'Guilty But Mentally Ill' Defendants Under the Eighth Amendment: Wilson v. State

Date: Jan 7, 1992

Death Penalty Permitted for 'Guilty But Mentally Ill' Defendants Under the Eighth Amendment: Wilson v. State Introduction The State v. James William Wilson (306 S.C. 498) is a landmark case...

South Carolina Tax Commission v. United Oil Marketers, Inc.: Severability and Constitutional Challenges in Fuel Ethanol Taxation

Date: Dec 17, 1991

South Carolina Tax Commission v. United Oil Marketers, Inc.: Severability and Constitutional Challenges in Fuel Ethanol Taxation Introduction South Carolina Tax Commission v. United Oil Marketers,...

Affirmation of Procedural Finality in Successive Post-Conviction Relief Applications: Michael AICE v. STATE of South Carolina

Date: Sep 10, 1991

Affirmation of Procedural Finality in Successive Post-Conviction Relief Applications: Michael AICE v. STATE of South Carolina Introduction The case of Michael AICE v. STATE of South Carolina...

Affirmation of Punitive Damages and Agency Determination in Cellisa E. Gamble v. Ke

Date: Jun 25, 1991

Affirmation of Punitive Damages and Agency Determination in Cellisa E. Gamble v. Ke Introduction Cellisa E. Gamble v. Ke is a pivotal case adjudicated by the Supreme Court of South Carolina on June...

Abolition of In Favorem Vitae Doctrine in Capital Sentencing: An Analysis of The State v. Torrence

Date: May 21, 1991

Abolition of In Favorem Vitae Doctrine in Capital Sentencing: An Analysis of The State v. Torrence Introduction The State v. Michael R. Torrence is a landmark 1991 decision by the Supreme Court of...

Reevaluation of Summary Judgment Standards in Toxic Tort Litigation: Baughman v. AT&T Nassau Metals Corporation

Date: May 14, 1991

Reevaluation of Summary Judgment Standards in Toxic Tort Litigation: Baughman v. AT&T Nassau Metals Corporation Introduction The case of Frank Joe Baughman, et al. v. American Telephone and Telegraph...

Establishing Fiduciary Breach and Conversion of Funds: SSI Medical Services, Inc. v. Cox

Date: Jun 30, 1990

Establishing Fiduciary Breach and Conversion of Funds: SSI Medical Services, Inc. v. Cox Introduction The case of SSI Medical Services, Inc. v. Donald L. Cox revolves around allegations of financial...

Exclusion of Goodwill in Equitable Distribution: Analysis of Donahue v. Donahue

Date: Sep 26, 1989

Exclusion of Goodwill in Equitable Distribution: Analysis of Donahue v. Donahue Introduction The case of Janis F. Donahue v. James M. Donahue, decided by the Supreme Court of South Carolina on...

Judicial Standards for Partnership Dissolution in Granny Apple Associates v. Fisher Agro

Date: Jun 27, 1989

Judicial Standards for Partnership Dissolution in Granny Apple Associates v. Fisher Agro Introduction The Supreme Court of South Carolina, in the case of Granny Apple Associates v. Fisher Agro,...

Enforcing Audit Time Constraints in Medicaid Reimbursement Contracts: Oakmont v. South Carolina Health and Human Services Finance Commission

Date: Oct 25, 1988

Enforcing Audit Time Constraints in Medicaid Reimbursement Contracts: Oakmont v. South Carolina Health and Human Services Finance Commission Introduction The case of C. A.N. Enterprises, Inc., d/b/a...

Equitable Distribution and Alimony: Johnson v. Johnson (296 S.C. 289)

Date: Aug 30, 1988

Equitable Distribution and Alimony: Johnson v. Johnson (296 S.C. 289) Introduction Johnson v. Johnson is a pivotal case adjudicated by the Court of Appeals of South Carolina on August 29, 1988. This...

Supreme Court of South Carolina Declares Local Family Court Rules Unconstitutional Under Article V

Date: Aug 2, 1988

Supreme Court of South Carolina Declares Local Family Court Rules Unconstitutional Under Article V Introduction In the landmark case Spartanburg County Department of Social Services v. Linda Padgett...

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