South Carolina Case Commentaries

Establishment of Administrative Leadership in South Carolina Summary Courts

Date: Dec 23, 2024

Establishment of Administrative Leadership in South Carolina Summary Courts Introduction The recent judgment titled "RE Chief Judges for Administrative Purposes of the Summary Courts", delivered by...

South Carolina Supreme Court Invalidates Arbitration Agreement with Void Limitations Clause

Date: Dec 14, 2024

South Carolina Supreme Court Invalidates Arbitration Agreement with Void Limitations Clause Introduction In the landmark case of Amanda Leigh Huskins and Jay R. Huskins v. Mungo Homes, LLC, the...

Comprehensive Commentary on Re: Lawyer-Legislator Protection

Date: Dec 9, 2024

Establishing Enhanced Lawyer-Legislator Protection in South Carolina Introduction The Supreme Court of South Carolina, through an administrative order issued by Chief Justice John W. Kittredge on...

Clarifying the Role of Guardian ad Litem in Custody Modifications: Grungo-Smith v. Grungo

Date: Nov 24, 2024

Clarifying the Role of Guardian ad Litem in Custody Modifications: Grungo-Smith v. Grungo Introduction The case of Wendy Grungo-Smith v. Joseph Grungo reached the Supreme Court of South Carolina on...

Establishing Zero Tolerance: Disbarment of an Attorney for Extensive Professional Misconduct in South Carolina

Date: Nov 24, 2024

Establishing Zero Tolerance: Disbarment of an Attorney for Extensive Professional Misconduct in South Carolina Introduction The Supreme Court of South Carolina rendered a landmark decision on...

Clarifying Harmless Error in Domestic Violence of a High and Aggravated Nature (DVHAN) Convictions: State v. Workman

Date: Aug 8, 2024

Clarifying Harmless Error in Domestic Violence of a High and Aggravated Nature (DVHAN) Convictions: State v. Workman Introduction In the landmark case of State v. Olandio R. Workman, the Supreme...

Disclosure of Adoption Records in Civil Proceedings Under Subsection 63-9-780(C): South Carolina Supreme Court's Landmark Decision

Date: Aug 8, 2024

Disclosure of Adoption Records in Civil Proceedings Under Subsection 63-9-780(C): South Carolina Supreme Court's Landmark Decision Introduction The Supreme Court of South Carolina rendered a pivotal...

Personal Goodwill Recognized as Nonmarital Property in Bostick v. Bostick

Date: Aug 1, 2024

Personal Goodwill Recognized as Nonmarital Property in Bostick v. Bostick Introduction The Supreme Court of South Carolina, in the case of Josie M. Bostick v. Earl A. Bostick Sr. (904 S.E.2d 875),...

Family Court's Subject Matter Jurisdiction Over Alimony Modification Confirmed Despite 'Nonmodifiable' Clause

Date: Aug 1, 2024

Family Court's Subject Matter Jurisdiction Over Alimony Modification Confirmed Despite 'Nonmodifiable' Clause Introduction In the case of Frank James Rish, Sr. v. Kathy Cotney Rish (904 S.E.2d 862),...

Admissibility of Expert Testimony on False Memories in Sexual Assault Cases: State v. Galloway

Date: Aug 1, 2024

Admissibility of Expert Testimony on False Memories in Sexual Assault Cases: State v. Galloway Introduction In State v. Richard Kenneth Galloway (904 S.E.2d 866), the Supreme Court of South Carolina...

Supreme Court of South Carolina Upholds Constitutionality of Execution Methods Including Firing Squad under section 24-3-530

Date: Aug 1, 2024

Supreme Court of South Carolina Upholds Constitutionality of Execution Methods Including Firing Squad under section 24-3-530 Introduction The case of Freddie Eugene Owens, Brad Keith Sigmon, Gary...

Confirmation of Pre-Discharge Verdicts: South Carolina's Ruling in State v. Mills

Date: Jul 25, 2024

Confirmation of Pre-Discharge Verdicts: South Carolina's Ruling in State v. Mills Introduction The case of The State, Respondent, v. Derrick Tyler Mills, Petitioner (904 S.E.2d 857) was adjudicated...

Reaffirming the Substantial Evidence Standard in Workers' Compensation: Paulino v. Diversified Coatings, Inc.

Date: Jun 27, 2024

Reaffirming the Substantial Evidence Standard in Workers' Compensation: Paulino v. Diversified Coatings, Inc. Introduction The case of Samuel Paulino v. Diversified Coatings, Inc. addresses the...

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

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

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

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

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

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

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...