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  • Commentaries
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South Carolina Case Commentaries

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

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

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

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

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

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

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

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

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

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

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)

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

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...
South Carolina Recognizes Employee Handbooks as Binding Employment Contracts: A Comprehensive Analysis of Small v. Springs Industries

South Carolina Recognizes Employee Handbooks as Binding Employment Contracts: A Comprehensive Analysis of Small v. Springs Industries

Date: Jun 9, 1987
South Carolina Recognizes Employee Handbooks as Binding Employment Contracts: A Comprehensive Analysis of Small v. Springs Industries Introduction Kathy L. Small v. Springs Industries, Inc. is a...
Public Policy Exception to At-Will Employment: Ludwick v. This Minute of Carolina

Public Policy Exception to At-Will Employment: Ludwick v. This Minute of Carolina

Date: Nov 19, 1985
Public Policy Exception to At-Will Employment: Ludwick v. This Minute of Carolina Introduction The case of LUDWICK v. THIS MINUTE OF CAROLINA, INC. addresses a pivotal issue in employment law: the...
Abolition of Sovereign Immunity in South Carolina: McCall v. Batson

Abolition of Sovereign Immunity in South Carolina: McCall v. Batson

Date: Apr 19, 1985
Abolition of Sovereign Immunity in South Carolina: McCall v. Batson Introduction The case of Jamie McCALL, by his Guardian ad Litem, Joan ANDREWS, Respondent, v. Frankie BATSON and The School...
Affirmation of Substantial Evidence Standard in PSC's Approval of Municipal Power Purchase Agreement

Affirmation of Substantial Evidence Standard in PSC's Approval of Municipal Power Purchase Agreement

Date: Aug 14, 1984
Affirmation of Substantial Evidence Standard in PSC's Approval of Municipal Power Purchase Agreement Introduction The case of Palmetto Alliance, Inc. v. South Carolina Public Service Commission and...
Reaffirming Family Courts' Continuing Jurisdiction Over Child Support: Mosesley v. Mosier (279 S.C. 348)

Reaffirming Family Courts' Continuing Jurisdiction Over Child Support: Mosesley v. Mosier (279 S.C. 348)

Date: Aug 31, 1983
Reaffirming Family Courts' Continuing Jurisdiction Over Child Support: Mosesley v. Mosier (279 S.C. 348) Introduction The case of Deborah C. Moseley v. John R. Mosier (279 S.C. 348), adjudicated by...
Establishing the Right to Sue for Bad Faith in Insurance Claims: Nichols v. State Farm

Establishing the Right to Sue for Bad Faith in Insurance Claims: Nichols v. State Farm

Date: Aug 25, 1983
Establishing the Right to Sue for Bad Faith in Insurance Claims: Nichols v. State Farm Introduction Nichols v. State Farm Mutual Automobile Insurance Company is a landmark case decided by the Supreme...
Affirmation of Limited Right to Counsel During Trial Recesses: State v. Perry

Affirmation of Limited Right to Counsel During Trial Recesses: State v. Perry

Date: Jan 4, 1983
Affirmation of Limited Right to Counsel During Trial Recesses: State v. Perry Introduction State v. Donald Ray Perry is a pivotal case adjudicated by the Supreme Court of South Carolina on January 3,...
Proportionality Review in Capital Sentencing: Insights from State v. Copeland and Da

Proportionality Review in Capital Sentencing: Insights from State v. Copeland and Da

Date: Nov 11, 1982
Proportionality Review in Capital Sentencing: Insights from State v. Copeland and Da Introduction State v. Copeland and Da is a landmark decision delivered by the Supreme Court of South Carolina on...
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