South Carolina Lawyers Weekly

Even though appellant was incompetent to stand trial, the circuit court could nevertheless hold a hearing to determine whether he was a sexually violent predator within the meaning of the Sexually Violent Predator Act. We affirm the circuit court’s order ...

The successor to a condominium developer seeks to prevent a condo association from constructing a swimming pool in “Phase I” of the condo development. The section of the development’s master deed that is clearly applicable to Phase I reserves to ...

There was no dispute as to the existence of a doctor-patient relationship or that the patient suffered injury as a result of going into cardiac arrest during his colonoscopy. The defendant-anesthesiologist acknowledged the standard of care: an anesthesiologist should not ...

Most South Carolina obstruction of justice cases have involved public officials; however, this does not preclude a private citizen from being charged with the offense. Defendant lied to police—purposely identifying an innocent person, Antonio Barrett, as the victim’s shooter when ...

Pursuant to a plea agreement, state Representative Rick Quinn pleaded guilty to the misdemeanor of statutory misconduct in office. Although the trial court imposed the maximum sentence on respondent Quinn, the special prosecutor contends the court failed to consider its ...

In separate instances, defendant met a young woman (the victim and the second victim) online, picked her up in his car to take her on a date, quickly became aggressive, forcing her to perform oral sex on him in the ...

Under Brady v. Maryland, 373 U.S. 83 (1963), the state should have provided defendant information that could have been obtained through a NCIC search. The state failed to discover its witness’s criminal record because it misspelled her name in its ...

Given the dissimilarities between defendant’s alleged abuse of his daughters and that of his stepdaughter years earlier, the stepdaughter’s testimony was improperly admitted to show defendant’s propensity to engage in criminal behavior. We reverse defendant’s convictions for two counts of ...

Even though the plaintiff-customer, who slipped and fell on an allegedly over-waxed floor in a Marshalls store, has settled with the defendant-store and the defendant-cleaning subcontractor, there remain genuine issues of fact as to whether the cleaning subcontractor must indemnify ...

The plaintiff-patient says, if defendants had revealed that their drug—used for treating bipolar disorder—caused gynecomastia (enlarged breasts) in males, his doctor would have disclosed this risk to plaintiff, and his guardian would have made a different medical decision. There is ...