South Carolina Case Commentaries

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

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

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

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

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

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,...

South Carolina Supreme Court Invalidates GEICO's Family Step-Down Provision in Liability Insurance

Date: Aug 21, 2014

South Carolina Supreme Court Invalidates GEICO's Family Step-Down Provision in Liability Insurance Introduction In the landmark case of Delores Williams, Personal Representative of the Estate of...

Clarifying Vagueness in Termination of Parental Rights: South Carolina Supreme Court Upholds Statutory Standards

Date: Mar 28, 2014

Clarifying Vagueness in Termination of Parental Rights: South Carolina Supreme Court Upholds Statutory Standards Introduction In the landmark case of South Carolina Department of Social Services v....

Clarifying Accomplice Liability: South Carolina Supreme Court in STATE v. SMITH Establishes Distinct Offenses for Homicide by Child Abuse

Date: Dec 5, 2013

Clarifying Accomplice Liability: South Carolina Supreme Court in STATE v. SMITH Establishes Distinct Offenses for Homicide by Child Abuse Introduction The case of The State v. Wesley Smith, Appellate...

Rational Basis Standard Reinforced in Equal Protection Claims for Subdivision Approvals: Town of Hollywood v. Floyd et al.

Date: Jul 13, 2013

Rational Basis Standard Reinforced in Equal Protection Claims for Subdivision Approvals: Town of Hollywood v. Floyd et al. Introduction In the landmark case of The Town of Hollywood v. William Floyd,...

Government Liability Limited to Breach of Contract under SPPA: Insights from Shirley's Iron Works v. City of Union

Date: May 30, 2013

Government Liability Limited to Breach of Contract under SPPA: Insights from Shirley's Iron Works v. City of Union Introduction The case of Shirley's Iron Works, Inc., and Tindall Corporation v. City...

South Carolina Supreme Court Upholds Termination of Parental Rights Based on Foster Care Duration

Date: May 16, 2013

South Carolina Supreme Court Upholds Termination of Parental Rights Based on Foster Care Duration Introduction In the landmark case of SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES v. SARAH W. and...

Reaffirmation of Strict Standing and Rational Basis in Taxation: Bodman v. South Carolina Department of Revenue

Date: May 9, 2013

Reaffirmation of Strict Standing and Rational Basis in Taxation: Bodman v. South Carolina Department of Revenue Introduction The case of Matthew Bodman v. State of South Carolina and South Carolina...

STATE v. SIGMON: Affirming Death Sentence and Addressing Ineffective Assistance of Counsel Claims in Capital Cases

Date: May 9, 2013

STATE v. SIGMON: Affirming Death Sentence and Addressing Ineffective Assistance of Counsel Claims in Capital Cases Introduction In the landmark case of STATE v. SIGMON, the Supreme Court of South...

STATE v. STANKO: Comprehensive Review and Affirmation of Conviction

Date: Apr 4, 2013

STATE v. STANKO: Comprehensive Review and Affirmation of Conviction Introduction In the case of The STATE, Respondent, v. Stephen Christopher Stanko, Appellant, Appellate Case No. 2010–154746, the...

South Carolina Supreme Court Affirms Dual Persona Doctrine as Exception to Workers' Compensation Exclusivity

Date: Feb 14, 2013

South Carolina Supreme Court Affirms Dual Persona Doctrine as Exception to Workers' Compensation Exclusivity Introduction In the landmark case of Suzanne Roerig Mendenall, Personal Representative v....

Admissibility and Harmlessness of Hearsay-Based Testimony in Child Abuse Proceedings: State v. Kromah

Date: Jan 24, 2013

Admissibility and Harmlessness of Hearsay-Based Testimony in Child Abuse Proceedings: State v. Kromah Introduction State v. Miama Kromah is a pivotal case adjudicated by the Supreme Court of South...

Impeaching Witness Credibility with Remote Convictions: A Commentary on State v. Black

Date: Oct 4, 2012

Impeaching Witness Credibility with Remote Convictions: A Commentary on State v. Black Introduction State v. Jason Ervin Black is a pivotal case decided by the Supreme Court of South Carolina on...

Supreme Court of South Carolina: Redundancy of Breach of Fiduciary Duty in Legal Malpractice Claims Affirmed in RFT Management v. Tinsley & Adams

Date: Sep 20, 2012

Supreme Court of South Carolina: Redundancy of Breach of Fiduciary Duty in Legal Malpractice Claims Affirmed in RFT Management v. Tinsley & Adams Introduction RFT Management Co., L.L.C. v. TINSLEY &...

Two-Issue Rule and Contract Illegality in Atlantic Coast Builders v. Lewis

Date: May 17, 2012

Two-Issue Rule and Contract Illegality in Atlantic Coast Builders v. Lewis Introduction In Atlantic Coast Builders and Contractors, LLC v. Laura Lewis, 398 S.C. 323 (2012), the Supreme Court of South...

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