South Carolina Case Commentaries

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

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

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)

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

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

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

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

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...

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...