Although a burgled storage shed was on the victim’s “family farm” and within 200 yards of the house he shared with his parents, since the shed was not on the parcel owned by the victim’s parents but was instead on ...

Tagged with: Criminal Practice South Carolina Court of Appeals

When a county planning commission approves a subdivision plan, S.C. Code Ann. § 6-29-1150(D) does not limit the class of permissible appellants to only property owners. We reverse the circuit court’s order dismissing appellant Citizens for Quality Rural Living, Inc.’s ...

Tagged with: Real Property South Carolina Court of Appeals

South Carolina has not addressed whether logs from the National Precursor Log Exchange (NPLEx, an electronic database housing all pseudoephedrine purchases in 29 states) meet the business records exception to the rule against hearsay. Since the NPLEx records are created ...

Tagged with: Criminal Practice South Carolina Court of Appeals

Although a developer in control of a homeowners’ association may owe fiduciary duties to homeowners, in this case, the developers had no fiduciary duty to convey specific amenities to the homeowners’ association. We reverse the circuit court’s (1) ruling that ...

Tagged with: Real Property South Carolina Court of Appeals

Although there was evidence that defendant was sufficiently provoked when her husband stabbed her, defendant’s testimony – that she shot her husband “out of reaction … because I was scared” – did not show a sudden heat of passion. Instead, ...

Tagged with: Criminal South Carolina Court of Appeals

The widow of a deceased pastor will not be able to keep on receiving a monthly stipend from her husband’s former church because the church board that made the decision to continue the payments lacked the authority to do so, ...

Tagged with: contract law Richland County Circuit Court South Carolina Court of Appeals

COLUMBIA, S.C. (AP) — The state Court of Appeals says lawsuits seeking refunds for South Carolina Electric & Gas Co. customers can continue. The Appeals Court rejected SCE&G’s request to have the cases dismissed. The utility argued state regulators and ...

Tagged with: lawsuit South Carolina Court of Appeals South Carolina Electric & Gas Co.

When a defendant is a no-show for his trial, it’s a pretty good indication that things are not going to go well for the defense. Arguing on behalf of an empty chair is no easy task. And so it’s hardly ...

Tagged with: South Carolina Court of Appeals

CHARLESTON, S.C. (AP) — The South Carolina Court of Appeals is to hear a dispute over plans to create a new cruise ship terminal in Charleston. The Post and Courier of Charleston reported the state’s second-highest court is to hear ...

Tagged with: South Carolina Court of Appeals

The South Carolina Court of Appeals typically publishes opinions on Wednesdays. But the court broke the norm recently and issued an opinion at the beginning of the week. The move prompted one SC Lawyers Weekly reporter to ask, “When did ...

Tagged with: South Carolina Court of Appeals