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Petitioner’s designation as primary beneficiary of Decedent’s life insurance policy was revoked under section 62-2-507(c) of the South Carolina Probate Code.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