State v. Elgin Even though, during defendant’s trial, a juror engaged in misconduct by talking to her mother about the trial, (1) the juror did not tell other members of the jury that she discussed the case with her mother; (2) the trial court instructed the jury to determine defendant’s guilt or innocence based on the evidence presented at trial; and...
Neeltec Enterprises, Inc. v. Long Where the special referee ordered plaintiff to name two corporations as defendants in place of the individual that the plaintiff named as a defendant in its complaint, the special referee’s order affects a substantial right – the right of a plaintiff to choose its defendant – and it effectively discontinues plaintiff’s suit against the individual defendant, thus making it immediately appealable under S.C. Code Ann. § 14-3-330(2)(a).
Atlantic Coast Builders & Contractors, LLC v. Lewis The master in equity found for the plaintiff-tenant on three causes of action – negligent misrepresentation, breach of contract, and unjust enrichment – but the defendant-landlord appealed only the findings of liability for negligent misrepresentation and breach of contract and not the finding of liability for unjust enrichment.
Bickerstaff v. Prevost The circuit court’s order granting leave for plaintiffs to deposit funds did not establish a post-judgment interest rate; in fact, the order noted that this court would ultimately determine the rate of post-judgment interest.
State v. Ellis In 1997, defendant was sentenced under the Youthful Offender Act (YOA) to an indeterminate sentence not to exceed six years, and on Dec. 19, 1997, he was released on YOA parole. The sentencing judge's order simply stated, "Probation to begin after sentence now serving."
Goins v. State Even though plea counsel provided ineffective assistance in failing to properly advise defendant on the law regarding whether a motel owner can freely admit police into a rented room, defendant has failed to prove that this advice was his reason for electing not to go to trial and has thus failed to establish prejudice.
Byrd v. Livingston This lawsuit arose after the defendant-seller granted an easement to defendant TIAA Timberlands, II, LLC around the same time she sold the land at issue to the plaintiff-buyer. After mediation, the parties entered into an “agreement in principle” which relocated the easement “express grant superseding and canceling the 66’ grant, son’s parcel included.”
Pennsylvania National Mutual Casualty Insurance Co. v. Doscher’s Super Markets In a dispute over a personal relationship, a co-worker shot the defendant-employee while they were in the defendant-employer’s break room. When the injured employee sued the employer for negligence, the “employer’s liability” exclusion in the plaintiff-insurer’s commercial general liability policy did not relieve the insurer of its duty to defend and indemnify the employer.
State v. Dykes Defendant is not on probation, parole or any similar restriction, and there is no mechanism by which she can be relieved of the requirement of satellite monitoring. If defendant poses a low risk of reoffending, then S.C. Code Ann. § 23-3-540(C)’s requirement of lifetime satellite monitoring would violate her right to substantive due process.
Way v. Way The parties’ marital estate was comprised mainly of debt; in fact, the marital home was so encumbered by mortgages that it had a negative value. The most substantial positively valued assets were the parties’ vehicles: the husband’s truck was valued at $1,885 and the wife’s car was valued at either $4,590 or $5,100.
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