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South Carolina Case Commentaries

SC Supreme Court Clarifies Governor's Suspension Power: 'Moral Turpitude' and Legislative Branch Exemptions

SC Supreme Court Clarifies Governor's Suspension Power: 'Moral Turpitude' and Legislative Branch Exemptions

Date: Mar 11, 2021
SC Supreme Court Clarifies Governor's Suspension Power: 'Moral Turpitude' and Legislative Branch Exemptions Introduction In the landmark case of Mohsen A. Baddourah v. Henry McMaster, the State...
Proximate Cause in Wrongful Death Suicides and Comparative Negligence in Crashworthiness Cases: South Carolina Supreme Court's Landmark Decision in Wickersham v. Ford Motor Company

Proximate Cause in Wrongful Death Suicides and Comparative Negligence in Crashworthiness Cases: South Carolina Supreme Court's Landmark Decision in Wickersham v. Ford Motor Company

Date: Dec 10, 2020
Proximate Cause in Wrongful Death Suicides and Comparative Negligence in Crashworthiness Cases: South Carolina Supreme Court's Landmark Decision in Wickersham v. Ford Motor Company Introduction The...
Clarifying Rule 43(k) Enforcement and Conciliation Protections in South Carolina Fair Housing Law

Clarifying Rule 43(k) Enforcement and Conciliation Protections in South Carolina Fair Housing Law

Date: Jul 23, 2020
Clarifying Rule 43(k) Enforcement and Conciliation Protections in South Carolina Fair Housing Law Introduction South Carolina Human Affairs Commission v. Zeyi Chen & Zhirong Yang (430 S.C. 509)...
State v. Phillips: Establishing Standards for DNA Evidence Admissibility in South Carolina

State v. Phillips: Establishing Standards for DNA Evidence Admissibility in South Carolina

Date: Jun 4, 2020
State v. Phillips: Establishing Standards for DNA Evidence Admissibility in South Carolina Introduction State v. Billy Phillips, 430 S.C. 319 (2020), marks a significant decision by the South...
Impeachment of Witness Credibility: State v. Terry Williams (430 S.C. 136)

Impeachment of Witness Credibility: State v. Terry Williams (430 S.C. 136)

Date: May 14, 2020
Impeachment of Witness Credibility: State v. Terry Williams (430 S.C. 136) Introduction The case of State v. Terry Williams (430 S.C. 136) revolves around the admissibility of prior domestic violence...
Revolutionizing Rule 404(b): South Carolina Supreme Court Overrules Wallace and Reinforces Logical Connection Standard

Revolutionizing Rule 404(b): South Carolina Supreme Court Overrules Wallace and Reinforces Logical Connection Standard

Date: May 7, 2020
Revolutionizing Rule 404(b): South Carolina Supreme Court Overrules Wallace and Reinforces Logical Connection Standard Introduction The South Carolina Supreme Court’s decision in The STATE v. WALLACE...
Hensley v. South Carolina Department of Social Services: Clarifying Class Certification Standards and Immediate Appealability in South Carolina

Hensley v. South Carolina Department of Social Services: Clarifying Class Certification Standards and Immediate Appealability in South Carolina

Date: Jan 30, 2020
Hensley v. South Carolina Department of Social Services: Clarifying Class Certification Standards and Immediate Appealability in South Carolina Introduction In the landmark case of Kenneth and Angela...
South Carolina Supreme Court Clarifies Waiver of Attorney-Client Privilege in Insurance Bad Faith Claims

South Carolina Supreme Court Clarifies Waiver of Attorney-Client Privilege in Insurance Bad Faith Claims

Date: Jun 13, 2019
South Carolina Supreme Court Clarifies Waiver of Attorney-Client Privilege in Insurance Bad Faith Claims Introduction The South Carolina Supreme Court, in the case of In re: Mt. Hawley Insurance...
South Carolina Supreme Court Affirms Membership Dues Obligations Post-Resignation

South Carolina Supreme Court Affirms Membership Dues Obligations Post-Resignation

Date: Nov 15, 2018
South Carolina Supreme Court Affirms Membership Dues Obligations Post-Resignation Introduction In the appellate case The Callawassie Island Members Club, Inc. v. Ronnie D. Dennis and Jeanette Dennis,...
South Carolina Supreme Court Reinforces County Sovereign Immunity Under TCA in Repko Decision

South Carolina Supreme Court Reinforces County Sovereign Immunity Under TCA in Repko Decision

Date: Aug 30, 2018
South Carolina Supreme Court Reinforces County Sovereign Immunity Under TCA in Repko Decision Introduction In the landmark case of Repko v. County of Georgetown, the South Carolina Supreme Court...
Refining the Standards for Expert Testimony in Child Sexual Abuse Proceedings: State v. Roy Lee Jones (2018)

Refining the Standards for Expert Testimony in Child Sexual Abuse Proceedings: State v. Roy Lee Jones (2018)

Date: Jul 6, 2018
Refining the Standards for Expert Testimony in Child Sexual Abuse Proceedings: State v. Roy Lee Jones (2018) Introduction State v. Roy Lee Jones is a pivotal 2018 decision by the South Carolina...
Estate of Marion M. Kay: Redefining Appellate Standards and Personal Representative Compensation

Estate of Marion M. Kay: Redefining Appellate Standards and Personal Representative Compensation

Date: May 23, 2018
Estate of Marion M. Kay: Redefining Appellate Standards and Personal Representative Compensation Introduction The State of South Carolina Supreme Court delivered a pivotal judgment on May 23, 2018,...
Reevaluation of Prejudice in Ineffective Assistance of Counsel Claims: Smalls v. State

Reevaluation of Prejudice in Ineffective Assistance of Counsel Claims: Smalls v. State

Date: Feb 8, 2018
Reevaluation of Prejudice in Ineffective Assistance of Counsel Claims: Smalls v. State Introduction The case of Stephen Smalls v. State of South Carolina, adjudicated by the Supreme Court of South...
South Carolina Supreme Court Grants Foster Parents Standing to Petition for Adoption Under Section 63-9-60

South Carolina Supreme Court Grants Foster Parents Standing to Petition for Adoption Under Section 63-9-60

Date: Jan 4, 2018
South Carolina Supreme Court Grants Foster Parents Standing to Petition for Adoption Under Section 63-9-60 Introduction The case of SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES v. Boulware (422 S.C....
Equality in Protection: Defining "Household Member" in Domestic Violence Legislation Unconstitutional for Same-Sex Couples

Equality in Protection: Defining "Household Member" in Domestic Violence Legislation Unconstitutional for Same-Sex Couples

Date: Nov 18, 2017
Equality in Protection: Defining "Household Member" in Domestic Violence Legislation Unconstitutional for Same-Sex Couples Introduction In the landmark case of Jane Doe v. State of South Carolina...
Ineffective Assistance of Counsel: Improper Bolstering by Forensic Interviewer in Briggs v. State

Ineffective Assistance of Counsel: Improper Bolstering by Forensic Interviewer in Briggs v. State

Date: Oct 26, 2017
Ineffective Assistance of Counsel: Improper Bolstering by Forensic Interviewer in Briggs v. State Introduction Anthony Neil Briggs was convicted by the State of South Carolina for criminal sexual...
Clarification of Prescriptive Easements: Adverse Use Consolidated with Claim of Right in South Carolina

Clarification of Prescriptive Easements: Adverse Use Consolidated with Claim of Right in South Carolina

Date: Nov 3, 2016
Clarification of Prescriptive Easements: Adverse Use Consolidated with Claim of Right in South Carolina Introduction The Supreme Court of South Carolina, in the case of Roose v. Lt. Simmons (419 S.C....
Dreher v. South Carolina DHEC: Redefining Coastal Island Regulations

Dreher v. South Carolina DHEC: Redefining Coastal Island Regulations

Date: Mar 19, 2015
Dreher v. South Carolina Department of Health and Environmental Control: Redefining Coastal Island Regulations Introduction The case of Ann Dreher v. South Carolina Department of Health and...
South Carolina Supreme Court Establishes Eighth Amendment Protections Against Juvenile Life Without Parole Sentences

South Carolina Supreme Court Establishes Eighth Amendment Protections Against Juvenile Life Without Parole Sentences

Date: Nov 13, 2014
South Carolina Supreme Court Establishes Eighth Amendment Protections Against Juvenile Life Without Parole Sentences Introduction In the landmark case of Tyrone AIKEN et al. v. William R. Byars, Jr....
South Carolina Supreme Court Affirms Constitutional Right to Minimally Adequate Education

South Carolina Supreme Court Affirms Constitutional Right to Minimally Adequate Education

Date: Nov 13, 2014
South Carolina Supreme Court Affirms Constitutional Right to Minimally Adequate Education Introduction In the landmark case of Abbeville County School District, et al. v. The State of South Carolina,...
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