Justia South Carolina Supreme Court Opinion Summaries

In an original jurisdiction action, Petitioner alleged that the sheer number of exemptions to and caps on South Carolina's sales and use tax removed any rational relationship they have to the underlying tax itself. He therefore requested that the Supreme Court strike down all of the exemptions and caps as being unconstitutional, leaving behind only the imposition of the tax. In particular, Petitioner contended that the entire exemption and cap scheme violated the State constitution's equal protection guarantee and prohibition against special legislation. The Court disagreed, finding that Petitioner did not meet his burden of proof. "We emphasize that our holding rests solely on the fact that [Petitioner's] challenge is to the number of caps and exemptions and not whether individual ones would withstand constitutional scrutiny. Thus, nothing in our opinion today should be construed as precluding a challenge based on the content of individual caps and exemptions at a later date." View "Bodman v. SCDOR" on Justia Law

In March of 2007, Mother gave birth to Child. Five months later, the Pickens County Department of Social Services (DSS) received a report of neglect from a sheriff's deputy. Three families (six adults and eleven children) resided in Child's home, trash was overflowing, moldy dishes and food were strewn about, Mother and Father admitted to using cocaine, and Child had a visibly flat head which Mother explained resulted from her being left in a car seat for extended periods. Mother also admitted that Child had received her immunizations from the health department, but had not seen a doctor since birth. DSS filed a complaint for removal of Child and her older half-sister (Sister) due to abuse and neglect. The following day, Child tested positive for cocaine. Child and Sister were removed from the home and placed in emergency protective custody. A week later, Child was placed with the Appellants the Brooms for foster care. Following a hearing, the family court found probable cause for removal of Child based on the positive drug test and Mother's admission of substance abuse. The court also gave legal custody of Child to DSS and directed the appointment of counsel for Mother. At some point thereafter an attorney was appointed to represent Mother. "This would [have been] a straightforward appeal in a termination of parental rights action but for the fact that the mother whose rights were terminated was erroneously denied counsel." Because, after its review, the Supreme Court held that the Mother was not prejudiced by the error, the grounds for termination were established by clear and convincing evidence, and termination was in the child's best interest. Accordingly, the Court affirmed. View "Broom v. Derrick" on Justia Law

The Supreme Court granted certiorari to review the court of appeals decision affirming the circuit court's order that upheld an arbitration award. The underlying dispute arose from a construction contract whereby general contractor respondent C-Sculptures, LLC agreed to build a home for Petitioners Gregory and Kerry Brown. The contract price was in excess of $800,000. However, Respondent only possessed what is referred to as a Group II license, limiting Respondent to construction projects that did not exceed $100,000. A dispute arose between the parties, and Respondent filed an action in circuit court seeking to enforce a mechanic's lien against Petitioners. Upon Petitioners' motion and pursuant to an arbitration clause in the parties' contract, the circuit court matter was stayed pending arbitration. Petitioners sought to have the matter dismissed after they learned Respondent held only a Group II license. The arbitrator was apprised of the applicable law, but nevertheless denied Petitioners' motion to dismiss "after due consideration of all the evidence and authorities presented by the parties in this Arbitration." Respondent prevailed at arbitration, receiving an award of damages and an award of attorney's fees as the prevailing party pursuant to S.C. Code Ann. section 29-5-10(b) (Supp. 2012). Petitioners challenged the arbitration award, contending the arbitrator's denial of their motion to dismiss amounted to a manifest disregard of the law. Following adverse decisions in the circuit court and the court of appeals, the Supreme Court granted a writ of certiorari. Petitioners argue the court of appeals erred in refusing to find the arbitrator manifestly disregarded the law in declining to dismiss the action. Upon review, the Court agreed, and reversed the appellate court and directed that judgment be entered for Petitioners. View "C-Sculptures v. Brown" on Justia Law

The Supreme Court was presented with policy dispute: whose policy choice concerning health insurance premiums for State employees controlled, the General Assembly's or the Budget and Control Board's? The Court found that under the South Carolina Constitution, the General Assembly had and exercised the power to determine the contribution rates of enrollees for the State's health insurance plan in 2013. The Court hold the Budget and Control Board violated the separation of powers provision by substituting its own policy for that of the General Assembly, entered judgment for the petitioners, and directed the Board to use the appropriated funds for premium increases and return the premium increases previously collected from enrollees. View "Hampton v. Haley" on Justia Law

A jury convicted Brad Keith Sigmon of two counts of murder and burglary in the first degree, and it subsequently sentenced him to death. His convictions and sentences were affirmed on direct appeal. The Supreme Court granted certiorari to review the circuit court's dismissal of Sigmon's application for post-conviction relief (PCR). Sigmon contended he received ineffective assistance of trial counsel. Upon review, the Supreme Court found that Sigmon did not present evidence that trial counsel was deficient. Accordingly, the Court affirmed the PCR court's dismissal of Sigmon's application for post-conviction relief. View "Sigmon v. South Carolina" on Justia Law

Appellant John Herndon appealed a circuit court's order imposing lifetime sex offender registration for his failure to complete sex abuse counseling required by the terms of his probation. Upon review, the Supreme Court affirmed: "[t]he Record demonstrate[d] that Appellant maintained his innocence, but made a knowing, voluntary, and intelligent Alford plea to conclude the proceedings and place the matter behind him. Appellant simply failed to satisfy a condition of his probation, and the circuit court properly ordered him to register as sex offender for life as would have been appropriate for a defendant sentenced pursuant to a standard guilty plea. . . . the defendant entering an Alford plea is still treated as guilty for the purposes of punishment, and simply put, is not owed anything merely because the State and the court have agreed to deviate from the standard guilty plea." Appellant received notice that he would need to admit guilt through his participation in the program, and the circuit court re-ordered Appellant to complete the counseling prior to the probation revocation. However, Appellant failed to comply. View "South Carolina v. Herndon" on Justia Law

In this declaratory judgment action, the Tourism Expenditure Review Committee (TERC) appealed a circuit court's declaration of the meaning of section 6-4-10 of the South Carolina Code. At issue was the South Carolina Accommodations Tax Act (Act), which sets forth the administration of the state sales tax of seven percent imposed on all sleeping accommodations provided to overnight guests. That tax is composed of several components, including a two percent "local accommodations tax" (A-Tax), remitted to the counties and municipalities where it was collected. Counties and municipalities receiving A-Tax revenues must expend those funds in accordance with the statutory provisions governing the allocation of A-Tax revenues. Section 6-4-10 provides for the expenditure of A-Tax funds generally referred to as "65% Funds." These funds are allocated for "tourism-related expenditures." The legislature granted TERC the authority to challenge a local government's expenditure of 65% Funds. Over the years, the City of Myrtle Beach and TERC have occasionally disputed the meaning of various provisions of section 6-4-10. No particular expenditure or allocation was at issue here, nor were any A-Tax revenues being held by the State Treasurer in connection with this appeal. The City first filed an action in the Administrative Law Court, which granted TERC's motion to dismiss the matter for lack of jurisdiction. TERC then filed this action in circuit court as a declaratory judgment action seeking to have section 6-4-10 construed. The City did not challenge the jurisdiction of the circuit court. The circuit court adopted the City's view of section 6-4-10, from which TERC has appealed. Upon review, the Supreme Court dismissed the appeal, "since the parties cannot by consent or agreement confer jurisdiction on the court to render a declaratory judgment in the absence of an actual justiciable controversy." The Court vacated the circuit court's order for lack of subject matter jurisdiction. View "Tourism Expenditure Review Committee v. City of Myrtle Beach" on Justia Law

The parties lived together as husband and wife for thirty years, enjoying a comfortable standard of living and raising two sons. Following the onset of serious health problems for both, they ultimately separated, and it became the task of the family court judge to identify and divide their rather estate and dissolve their marriage in an equitable fashion. Among other issues, the issue before the Supreme Court on appeal in this matter was whether trust distributions could be marital property, and after review, the Court held that they can in certain limited circumstances. Furthermore, while the Court affirmed the majority of the family court's equitable division, the Court reversed the inclusion of one tract of timber as marital property and the reservation of alimony to the wife. The Court modified that portion of the order which required the husband to pay for the wife's attorney's fees and costs. View "Wilburn v. Wilburn" on Justia Law

Appellants were initially appointed by the circuit court in March 2007 as Special Administrators with limited duties to oversee the handling of entertainer James Brown's estate after petitions were filed by some of Brown's family members seeking the removal of Respondents Albert Dallas, Alfred Bradley, and David Cannon as personal representatives. The court made the selection after the parties could not agree on who should be appointed. Ultimately, the three original fiduciaries either resigned or were removed from their positions as personal representatives and trustees. Appellants Robert Buchanan, Jr. and Adele Pope, formerly personal representatives for The Estate of James Brown and trustees of The James Brown 2000 Irrevocable Trust, appealed circuit court orders that: (1) approved a settlement agreement pursuant to S.C. Code Ann. 62-3-1102 (2009) of pending litigation concerning the estate; and (2) removed Appellants from their fiduciary positions and appointed Russell Bauknight as personal representative and trustee. Upon review of the matter, the Supreme Court affirmed the circuit court's removal of Appellants from their fiduciary positions, and, in light of the Court's decision invalidating the circuit court's approval of the compromise agreement, it likewise voided the appointment of Bauknight. The Court directed the circuit court, upon proper application, to appoint fiduciaries to oversee matters in accordance with the provisions of Brown's estate and trust documents, and to evaluate the propriety of all fees related to this case. View "Wilson v. Dallas" on Justia Law

"At its most basic level, this case presents a policy dispute: whose policy choice concerning health insurance premiums for State employees controls—the General Assembly's or the Budget and Control Board's?" The issue before the Supreme Court centered on "maintaining and enforcing the constitutional and statutory framework through which such issues must be resolved. " Upon review of the arguments of the parties and the applicable case law, the Supreme Court found that the General Assembly had and exercised the power to determine the contribution rates of enrollees for the State's health insurance plan in 2013. The Court held that the Budget and Control Board violated the separation of powers provision by substituting its own policy for that of the General Assembly, entered judgment for the petitioners, and directed the Board to use the appropriated funds for premium increases and return the premium increases previously collected from enrollees. View "Hampton v. Haley" on Justia Law