South Carolina Lawyers Weekly

May 11, 2026

Criminal Practice – ACCA Sentence Enhancement – ‘Different Occasions’ Issue at Sentencing

Although the district court plainly erred under Erlinger v. United States by resolving the “different occasions” issue at sentencing, the error did not affect defendant’s substantial rights under plain error […]

Apr 28, 2026

Criminal Practice – Waiver of Right to Counsel – Probation Revocation Hearing

The State failed to prove that Petitioner knowingly and voluntarily waived her right to counsel at her probation revocation hearing, given the ambiguous notice and inadequate judicial inquiry. Wed reversed […]

Apr 28, 2026

Domestic Relations – Hague Convention – Grave Risk of Harm

The district court did not clearly err in finding a grave risk of harm that justified refusal to return the child despite the father’s custody claims. We affirmed denial of […]

Apr 28, 2026

Domestic Relations – Joint Custody – Exceptional Circumstances

The family court properly applied statutory best-interest factors and identified sufficient exceptional circumstances to justify shared custody despite parental conflict. We affirmed a joint custody award. An action arose following […]

Apr 28, 2026

Constitutional – Use of Public Funds – Waterways

Plaintiff presented sufficient evidence that the use of public funds may primarily benefit private interests in violation of constitutional public-purpose limits. We reversed dismissal of a challenge to a town’s […]

Apr 28, 2026

Criminal Practice – Cell Site Location Information – Probable Cause

The search warrant for cell site location information (CSLI) was supported by probable cause and the evidence, including proof of corpus delicti and malice, was sufficient to submit the case […]

Apr 16, 2026

Civil Practice – Res Judicata – Earlier Settlement and Dismissal

A prior settlement agreement and state-court dismissal encompassed all claims that could have been brought in the earlier litigation. We affirmed summary judgment holding that Clear Touch’s federal intellectual property […]

Mar 17, 2026

Constitutional – Discretionary Immigration Decisions – Adjustment of Status

Federal courts lack jurisdiction to review discretionary immigration decisions or related constitutional claims. We affirmed the district court’s dismissal of Plaintiff’s suit challenging U.S. Citizenship & Immigration Services’ (USCIS) denial […]

Mar 17, 2026

Criminal Practice – Exclusionary Rule – Supervised Release Revocation Proceedings

The exclusionary rule does not apply to supervised release revocation proceedings. We affirmed the revocation of Defendant’s supervised release and 21-month prison sentence. In 2018, Defendant pleaded guilty to using […]

Mar 10, 2026

Constitutional – Appropriations Act – In-District Compensation

Petitioners met their burden to show the proviso is unconstitutional beyond a reasonable doubt. We permanently enjoined payment of the funds covered by the proviso. In separating the government’s powers […]

Mar 10, 2026

Attorneys – Contingent Fee Agreements with Private Law Firms – Litigation Recovery Account

The Attorney General has the authority to enter into contingent fee agreements with private law firms. Further, the $75 million fee is payable to the Law Firms without first having […]

Mar 10, 2026

Contract – Ambiguous Contract Term – Termination of Contract

The phrase the parties used––”the Rent Payments due under this Agreement”––is ambiguous. We affirmed the judgment that the Town breached the contract. We reversed the decision of the court of […]