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Opinion Digests

Mar 17, 2025

Trusts & Estates – South Carolina Probate Code Section 62-2-507(c) – South Carolina Act Number 100

Petitioner’s designation as primary beneficiary of Decedent’s life insurance policy was revoked under section 62-2-507(c) of the South Carolina Probate Code. We affirmed as modified. Mary J. Burnsed appealed the […]

Mar 17, 2025

Criminal Practice – Vulnerable Victim Enhancement – Minor Participant Reduction

The district court did not err in applying the vulnerable victim enhancement in telemarketing sweepstakes scheme that victimized mainly elderly people. Finding no error, we affirmed the district court in […]

Mar 17, 2025

Contract – Indemnification Language – Subcontractors’ Negligence

Indemnity provisions of a later version of a master agreement are neither clear nor unequivocal. We affirmed all eight orders. Builders FirstSource-Southeast Group, LLC (BFS) appealed eight orders granting summary […]

Mar 17, 2025

Domestic Relations – De Facto Custodians – Psychological Parents

The family court erred in finding Grandparents were de facto custodians. Further, since there was no clear and convincing evidence of compelling circumstances that justify ordering visitation over Aunt and […]

Mar 17, 2025

Criminal Practice – Self-Defense – Jury Instruction

The evidence supports both a deadly self-defense jury charge and a non-deadly self-defense jury charge. We reversed the conviction and remanded for a new trial. Philip David Guderyon was charged […]

Mar 16, 2025

Domestic Relations – Primary Legal and Physical Custody – Best Interests of the Child

The family court did not err in denying Mother’s request to relocate to Atlanta with Child. We affirmed as modified. Among other things, Mother argued the family court erred in […]

Mar 12, 2025

Tort/Negligence – Section 230 of the Communications Decency Act – Third-Party Content

State law claims are barred by Section 230 of the Communications Decency Act because they seek to hold Facebook liable as a publisher of third-party content. We affirmed the district […]

Mar 5, 2025

Criminal Practice – Section 12-21-2710 of the South Carolina Code – Illegal Gambling Device

Section 12-21-2710 of the South Carolina Code does not narrowly prohibit only the listed games and games of chance, but instead includes in its prohibitions any licensed device used for […]

Mar 5, 2025

Real Property – Promissory Estoppel – Breach of Lease Agreement

The circuit court did not err in granting Lander University summary judgment on IOS LLC’s causes of action for promissory estoppel, negligence, or negligent misrepresentation. We affirmed in part and […]

Mar 5, 2025

Criminal Practice – Post-Conviction Relief – Ineffective Assistance of Counsel

Petitioner suffered prejudice from trial counsel’s defective performance. We affirmed in part, reversed in part, and remanded to the circuit court for a new trial. Petitioner appealed the denial of […]

Feb 27, 2025

Criminal Practice – Fetal Alcohol Spectrum Disorder – Bar Federal Habeas Relief

The ruling rested on state procedural grounds that are independent of federal law and adequate to bar federal habeas review. We affirmed the district court’s denial of habeas relief. Stephen […]

Feb 27, 2025

Criminal Practice – Failure to Explain Sentence – Mandate Rule

The absence of an individualized explanation for a sentence constitutes procedural error. We vacated the sentence and remanded for resentencing. Jarvis Mikel Jackson pleaded guilty to possession of a firearm […]


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