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  • Commentaries
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South Carolina Case Commentaries

Recklessness as Predicate for Violent Felonies under the ACCA: Insights from United States v. Clemons

Recklessness as Predicate for Violent Felonies under the ACCA: Insights from United States v. Clemons

Date: May 2, 2024
Recklessness as Predicate for Violent Felonies under the ACCA: Insights from United States v. Clemons Introduction The case of United States of America v. Patrick Fitzgerald Clemons (901 S.E.2d 280),...
Double Jeopardy Protections Reinforced in State v. Benton

Double Jeopardy Protections Reinforced in State v. Benton

Date: Jan 18, 2024
Double Jeopardy Protections Reinforced in State v. Benton Introduction The Supreme Court of South Carolina, in the case of The State v. Tommy Lee Benton, established significant precedents regarding...
South Carolina Supreme Court Overrules Precedent: Fraud Causes of Action Survive Death Under Survival Statute

South Carolina Supreme Court Overrules Precedent: Fraud Causes of Action Survive Death Under Survival Statute

Date: Jan 18, 2024
South Carolina Supreme Court Overrules Precedent: Fraud Causes of Action Survive Death Under Survival Statute Introduction The case of Phillip Francis Luke Hughes, on behalf of the Estate of Jane K....
Affirmation of the 'Hand of One is the Hand of All' Doctrine and Clarity on Malice Jury Instructions in State v. Sellers

Affirmation of the 'Hand of One is the Hand of All' Doctrine and Clarity on Malice Jury Instructions in State v. Sellers

Date: Jan 18, 2024
Affirmation of the 'Hand of One is the Hand of All' Doctrine and Clarity on Malice Jury Instructions in State v. Sellers (442 S.C. 140) Introduction State v. Sellers (442 S.C. 140) is a pivotal...
Qualification of CSLI Experts Under Rule 702: State v. Wallace, 440 S.C. 537

Qualification of CSLI Experts Under Rule 702: State v. Wallace, 440 S.C. 537

Date: Aug 31, 2023
Qualification of CSLI Experts Under Rule 702: State v. Wallace, 440 S.C. 537 Introduction State v. Tyrone Anthony Wallace Jr. is a seminal case decided by the Supreme Court of South Carolina on...
Clarification of Summary Judgment Standards under Rule 56(c) in South Carolina: Kitchen Planners, LLC v. Friedman

Clarification of Summary Judgment Standards under Rule 56(c) in South Carolina: Kitchen Planners, LLC v. Friedman

Date: Aug 24, 2023
Clarification of Summary Judgment Standards under Rule 56(c) in South Carolina Kitchen Planners, LLC v. Friedman and Branch Banking and Trust, 440 S.C. 456 (2023) Introduction In the landmark case...
South Carolina Supreme Court Upholds the 2023 Fetal Heartbeat and Protection from Abortion Act

South Carolina Supreme Court Upholds the 2023 Fetal Heartbeat and Protection from Abortion Act

Date: Aug 24, 2023
South Carolina Supreme Court Upholds the 2023 Fetal Heartbeat and Protection from Abortion Act Introduction The South Carolina Supreme Court recently delivered a landmark decision in the case of...
Clarifying Subject Matter Jurisdiction in Inmate Grievances: Quincy Allen v. South Carolina Department of Corrections

Clarifying Subject Matter Jurisdiction in Inmate Grievances: Quincy Allen v. South Carolina Department of Corrections

Date: Apr 6, 2023
Clarifying Subject Matter Jurisdiction in Inmate Grievances: Quincy Allen v. South Carolina Department of Corrections Introduction In the landmark case of Quincy Allen v. South Carolina Department of...
South Carolina Supreme Court Upholds Inmates' Right to Discovery in Death Penalty Method Challenges

South Carolina Supreme Court Upholds Inmates' Right to Discovery in Death Penalty Method Challenges

Date: Jan 27, 2023
South Carolina Supreme Court Upholds Inmates' Right to Discovery in Death Penalty Method Challenges Introduction In the landmark case Freddie Eugene Owens, Brad Keith Sigmon, Gary DuBose Terry, and...
Connelly v. Main Street America Group: Defining "Legally Entitled to Recover" in Uninsured Motorist Statute

Connelly v. Main Street America Group: Defining "Legally Entitled to Recover" in Uninsured Motorist Statute

Date: Jan 12, 2023
Connelly v. Main Street America Group: Defining "Legally Entitled to Recover" in Uninsured Motorist Statute Introduction Connelly v. Main Street America Group is a landmark decision by the Supreme...
Planned Parenthood South Atlantic v. State of South Carolina: Unreasonable Invasion of Privacy and the Fetal Heartbeat Act

Planned Parenthood South Atlantic v. State of South Carolina: Unreasonable Invasion of Privacy and the Fetal Heartbeat Act

Date: Jan 6, 2023
Planned Parenthood South Atlantic v. State of South Carolina: Unreasonable Invasion of Privacy and the Fetal Heartbeat Act Introduction The Supreme Court of South Carolina, in the case of Planned...
Unenforceability of Ambiguous Rights of First Refusal: Clarke v. Fine Housing, Inc.

Unenforceability of Ambiguous Rights of First Refusal: Clarke v. Fine Housing, Inc.

Date: Jan 5, 2023
Unenforceability of Ambiguous Rights of First Refusal: Clarke v. Fine Housing, Inc. Introduction In Clarke v. Fine Housing, Inc., the Supreme Court of South Carolina addressed the enforceability of a...
State v. Frasier: Defining Reasonable Suspicion and Consent in Traffic Stop Extensions under the Fourth Amendment

State v. Frasier: Defining Reasonable Suspicion and Consent in Traffic Stop Extensions under the Fourth Amendment

Date: Sep 29, 2022
State v. Frasier: Defining Reasonable Suspicion and Consent in Traffic Stop Extensions under the Fourth Amendment Introduction In State v. Michael N. Frasier, Jr. (437 S.C. 625), the Supreme Court of...
South Carolina Supreme Court Upholds Sales Tax on Intangible Membership Fees in Books-A-Million, Inc. v. South Carolina Department of Revenue

South Carolina Supreme Court Upholds Sales Tax on Intangible Membership Fees in Books-A-Million, Inc. v. South Carolina Department of Revenue

Date: Sep 15, 2022
South Carolina Supreme Court Upholds Sales Tax on Intangible Membership Fees in Books-A-Million, Inc. v. South Carolina Department of Revenue Introduction The case of Books-A-Million, Inc. v. South...
COVID-19 and Government Orders Do Not Constitute Direct Physical Loss Under Commercial Property Insurance

COVID-19 and Government Orders Do Not Constitute Direct Physical Loss Under Commercial Property Insurance

Date: Aug 11, 2022
COVID-19 and Government Orders Do Not Constitute Direct Physical Loss Under Commercial Property Insurance: Sullivan Management, LLC v. Fireman's Fund Insurance Company Introduction Sullivan...
Clarifying 'Similar Cases' in Comparative Proportionality Review: Moore v. Stirling

Clarifying 'Similar Cases' in Comparative Proportionality Review: Moore v. Stirling

Date: Apr 7, 2022
Clarifying 'Similar Cases' in Comparative Proportionality Review: Moore v. Stirling Introduction Richard Bernard Moore v. Bryan P. Stirling, Commissioner is a landmark decision by the Supreme Court...
Cost Allocation in Multi-State Utility Regulation: Duke Energy v. South Carolina Office of Regulatory Staff

Cost Allocation in Multi-State Utility Regulation: Duke Energy v. South Carolina Office of Regulatory Staff

Date: Oct 28, 2021
Cost Allocation in Multi-State Utility Regulation: Duke Energy v. South Carolina Office of Regulatory Staff Introduction The case of Duke Energy Carolinas, LLC, Appellant-Respondent, v. South...
South Carolina Supreme Court Upholds Proviso Restrictions on Mask Mandates and Virtual Education Funding in K-12 Schools

South Carolina Supreme Court Upholds Proviso Restrictions on Mask Mandates and Virtual Education Funding in K-12 Schools

Date: Oct 1, 2021
South Carolina Supreme Court Upholds Proviso Restrictions on Mask Mandates and Virtual Education Funding in K-12 Schools Introduction In the landmark case of Richland County School District 2 and...
South Carolina Supreme Court Rules Lifetime Sex Offender Registration Without Judicial Review Unconstitutional

South Carolina Supreme Court Rules Lifetime Sex Offender Registration Without Judicial Review Unconstitutional

Date: Jun 10, 2021
South Carolina Supreme Court Rules Lifetime Sex Offender Registration Without Judicial Review Unconstitutional Introduction In the landmark case of Dennis J. Powell, Jr. v. Mark Keel, adjudicated by...
South Carolina Supreme Court Overrules 'Todd Rule', Redefines Civil Conspiracy Standards

South Carolina Supreme Court Overrules 'Todd Rule', Redefines Civil Conspiracy Standards

Date: May 20, 2021
South Carolina Supreme Court Overrules 'Todd Rule', Redefines Civil Conspiracy Standards Introduction In the landmark case of Leisel Paradis v. Charleston County School District et al., the South...
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