south carolina supreme court

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 […]

Anderson County attorney suspended

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 […]

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 […]

Real Property – Nonexclusive Property Right – Easement Rights

The clear limitations in the easement establish Appellant has never had a reasonable expectation that its easement rights are anything other than nonexclusive. We affirmed the circuit court. This zoning/inverse […]

Constitutional – Eye Care Consumer Protection Law – Legitimate Government Interest

The Eye Care Consumer Protection Law does not violate substantive due process or equal protection. We affirmed the statute’s constitutionality and the judgment in favor of the state and intervenors. […]

Tort/Negligence – South Carolina Frivolous Civil Proceedings Sanctions Act – Negligent Construction Administration

A professional engineer’s affidavit satisfied statutory expert requirements for claims based on negligent construction administration, but not for architectural design, limiting the negligence and contract claims and requiring dismissal of […]

Zoning – South Carolina’s Annexation Ordinance – Parcel ‘Adjacent’ to City Limits

Both the National Trust and the City of Charleston had standing to challenge North Charleston’s annexation ordinance and that the annexation was invalid because the parcel was not physically contiguous, […]

Real Property – South Carolina Uniform Statutory Rule Against Perpetuities – Waiver Defense

The South Carolina Uniform Statutory Rule Against Perpetuities (SCUSRAP) completely abolished the common law rule against perpetuities for nonvested property interests arising from non-donative transfers, rendering a perpetual commercial purchase […]

Criminal Practice – Proposed Order of Dismissal – Ineffective Assistance of Counsel

The PCR court did not err in requesting proposed orders from the parties after remand or in adopting the State’s proposed order We affirmed the decision of the PCR court. […]