South Carolina Lawyers Weekly

Where there was no evidence of an antecedent agreement to fight or pre-existing ill will between defendant and the victim, and where there was no evidence that the victim had reason to believe defendant was armed with a deadly weapon ...

Where neither the plat referenced in plaintiff’s predecessor’s deed nor the description in the deed itself precisely located the land claimed by plaintiff, and where the claimed waterfront land falls within the public trust, the master-in-equity did not abuse his ...

Once the family court entered a final equitable distribution order—without reserving continuing jurisdiction—and in the absence of extraordinary circumstances, the family court did not have jurisdiction to make substantive modifications to the equitable distribution of the marital estate. We reverse ...

Given the conflicting evidence as to the sequence of events leading up to and including defendant’s fatal shooting of the victim (1) within defendant’s live testimony, (2) between defendant’s testimony and his recorded statement, (3) between defendant’s testimony and witness ...

Although Bostic v. City of W. Columbia, 268 S.C. 386, 234 S.E.2d 224 (1977), found an ordinance that flatly prohibited variances conflicted with the enabling legislation at issue, the current enabling legislation specifically authorizes local governing bodies to “preclude the ...

Although the 10-year-old witness did not see defendant shoot his mother, he did see them fighting earlier, hear the gunshot, find his mother in a pool of blood and discover that defendant had left the house. When the witness immediately ...

Standing accused of murder, defendant presented evidence of his good character and unsuccessfully sought a jury instruction that “good character evidence alone may create a reasonable doubt as to the commission of the crime charged.” On direct appeal, defendant’s appellate ...

The parties’ auto insurance policy provides for $5,000 in no-fault personal injury protection (PIP). Although all of the injured plaintiff’s medical bills were paid by workers’ compensation benefits, and despite a “Coordination” policy provision saying PIP coverage is excess over ...

In this murder case, defense counsel had several opportunities to object to the admission into evidence of defendant’s statement to police that there was a lynching charge pending against him. Given the circumstantial nature of the other evidence against defendant, ...

Where a court declined to review whether a defendant’s sentence on a firearm charge was improperly enhanced under the Armed Career Criminal Act, or ACCA,because the defendant’s concurrent sentence of a drug-trafficking charge was valid, remand for evaluation was warranted. ...