South Carolina Case Commentaries

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

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

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

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.

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

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

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

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

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

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

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

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

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...

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

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

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

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)

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

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

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...