South Carolina Case Commentaries

Affirmation of Governmental Immunity under S.C. Code Ann §15-78-60 in JONES v. LOTT

Date: Apr 20, 2010

Affirmation of Governmental Immunity under S.C. Code Ann §15-78-60 in JONES v. LOTT Introduction In the landmark case of Willie L. Jones, Personal Representative v. Office of the Estate of Chad Jones...

Exclusion of Enterprise Goodwill in Professional Practices from Equitable Distribution: Analysis of Dickert v. Dickert

Date: Mar 30, 2010

Exclusion of Enterprise Goodwill in Professional Practices from Equitable Distribution: Analysis of Dickert v. Dickert Introduction James W. Dickert v. Carolyn H. Dickert is a landmark case...

State v. Quincy Jovan Allen: Affirmation of Death Penalty Sentencing Standards

Date: Nov 17, 2009

State v. Quincy Jovan Allen: Affirmation of Death Penalty Sentencing Standards Introduction State v. Quincy Jovan Allen is a pivotal case decided by the Supreme Court of South Carolina on November...

Revisiting Malice Inferrals: South Carolina Supreme Court Reforms Murder Conviction Protocols

Date: Oct 13, 2009

Revisiting Malice Inferrals: South Carolina Supreme Court Reforms Murder Conviction Protocols Introduction In the landmark case of The STATE v. Johnny Rufus Belcher, 385 S.C. 597 (2009), the Supreme...

Proper Pleading Requirements for Civil Conspiracy: Hackworth v. Greywood Athammett LLC

Date: Aug 13, 2009

Proper Pleading Requirements for Civil Conspiracy: Hackworth v. Greywood Athammett LLC Introduction The case of Deborah Kay Hackworth and Edman Hackworth v. Greywood Athammett, LLC revolves around a...

State v. Neuman: Upholding the Constitutionality of Hostage-Taking Statutes in Correctional Facilities

Date: Jun 30, 2009

State v. Neuman: Upholding the Constitutionality of Hostage-Taking Statutes in Correctional Facilities Introduction The STATE v. Vincent Neuman, Sr., 384 S.C. 395 (2009), is a pivotal case...

Affirming the Gatekeeping Role: Admissibility of Dog Tracking Evidence Under SC Rule 702

Date: Apr 28, 2009

Affirming the Gatekeeping Role: Admissibility of Dog Tracking Evidence Under SC Rule 702 Introduction In the landmark case The STATE v. Gary A. WHITE, 382 S.C. 265 (2009), the Supreme Court of South...

Clarifying Sales Tax Exemptions on Medical Devices: South Carolina Supreme Court Reverses Administrative Law Court in Home Medical Systems, Inc. v. South Carolina Department of Revenue

Date: Apr 21, 2009

Clarifying Sales Tax Exemptions on Medical Devices: South Carolina Supreme Court Reverses Administrative Law Court in Home Medical Systems, Inc. v. South Carolina Department of Revenue Introduction...

Condition Precedent in Real Estate Contracts: Insights from Carlyle McGILL v. Tracy MOORE

Date: Jan 21, 2009

Condition Precedent in Real Estate Contracts: Insights from Carlyle McGILL v. Tracy MOORE Introduction The Supreme Court of South Carolina, in Carlyle McGILL, Appellant, v. Tracy MOORE et al.,...

STATE v. Gaines: Admissibility of Prior Online Communications and Clarification on Entrapment in Criminal Solicitation of a Minor

Date: Oct 7, 2008

STATE v. Gaines: Admissibility of Prior Online Communications and Clarification on Entrapment in Criminal Solicitation of a Minor Introduction In State v. Gaines, the Supreme Court of South Carolina...

STATE v. FLETCHER: Clarifying Admissibility of Prior Bad Acts in Child Abuse Homicide Cases

Date: Aug 5, 2008

STATE v. FLETCHER: Clarifying Admissibility of Prior Bad Acts in Child Abuse Homicide Cases Introduction STATE v. FLETCHER is a landmark decision by the Supreme Court of South Carolina, adjudicated...

USAA v. Clegg: Clarifying the Duty to Defend in Non-Owned Vehicle Claims

Date: Apr 29, 2008

USAA v. Clegg: Clarifying the Duty to Defend in Non-Owned Vehicle Claims Introduction The case of USAA Property and Casualty Insurance Company v. Deborah J. Clegg (377 S.C. 643) delivered by the...

South Carolina Supreme Court Upholds Adulthood Trial and Reaffirms Juvenile Competency Standards in Double Homicide Case

Date: Jul 19, 2007

South Carolina Supreme Court Upholds Adulthood Trial and Reaffirms Juvenile Competency Standards in Double Homicide Case Introduction In the landmark case of The STATE, Respondent, v. Christopher...

Limits on Negligence Per Se and Duty to Warn: South Carolina's Stance in John DOE v. MARION

Date: May 8, 2007

Limits on Negligence Per Se and Duty to Warn: South Carolina's Stance in John DOE v. MARION Introduction John DOE v. MARION and as Guardian and Next Friend for his Minor Child, James Doe is a pivotal...

Unconscionability of Arbitration Clauses Prohibiting Statutory Remedies in Adhesion Contracts: Simpson v. Addy's Harbor Dodge

Date: Mar 27, 2007

Unconscionability of Arbitration Clauses Prohibiting Statutory Remedies in Adhesion Contracts: Simpson v. Addy's Harbor Dodge Introduction The case of Sherry H. Simpson v. MSA of Myrtle Beach, Inc....

South Carolina Supreme Court: Tribal Gaming Rights Governed by State Law and Settlement Agreements

Date: Mar 20, 2007

South Carolina Supreme Court: Tribal Gaming Rights Governed by State Law and Settlement Agreements Introduction The case of Catawba Indian Tribe of South Carolina v. The State of South Carolina...

Affirmation of Special Verdict Forms in Condemnation Actions: South Carolina Dept. of Transportation v. First Carolina Corporation

Date: Feb 28, 2007

Affirmation of Special Verdict Forms in Condemnation Actions: South Carolina Department of Transportation v. First Carolina Corporation Introduction The case of South Carolina Department of...

South Carolina Supreme Court Validates School District's Renovation Agreements Under Revised 'Financing Agreement' Statute

Date: Dec 12, 2006

South Carolina Supreme Court Validates School District's Renovation Agreements Under Revised 'Financing Agreement' Statute Introduction The Supreme Court of South Carolina rendered a pivotal decision...

Enhanced Disclosure Requirements for Auto Dealers under South Carolina's UTPA: Craft Auto Mart v. Wright

Date: Nov 28, 2006

Enhanced Disclosure Requirements for Auto Dealers under South Carolina's UTPA: Craft Auto Mart v. Wright Introduction The case of Danny K. Wright v. Ralph C. Craft d/b/a Craft Auto Mart, Inc. (372...

Establishing Duty of Care in Private Treatment Centers for Individuals with Mental Disabilities: Madison v. Babcock Center, Inc.

Date: Nov 21, 2006

Establishing Duty of Care in Private Treatment Centers for Individuals with Mental Disabilities: Madison v. Babcock Center, Inc. Introduction Madison v. Babcock Center, Inc. is a landmark case...