Justia South Carolina Supreme Court Opinion Summaries

Appellant Richard Freemantle challenged the legality of a severance agreement between Anderson County and Respondent Joey Preston, a former Anderson County administrator. Respondent was hired as County Administrator in 1998. His contract with the County provided for an initial employment term of three years, with an annual renewal in the absence of written notice not to renew the contract. The November 2008 election changed the "balance of power" on the Anderson County Council. One of the final acts of the outgoing Council was to execute a severance agreement for Respondent that provided him over one million dollars in benefits which was "well in excess of that provided in his employment contract." The severance agreement also included a release provision stating that the County would never seek legal redress against Respondent for any claims relating to his employment with the County. Appellant filed a complaint against Respondents on behalf of himself and all others similarly situated seeking monetary relief and various declaratory judgments. Specifically, Appellant alleged that Council's vote approving the severance agreement was invalid. In addition, Appellant contended the successor Anderson County Council was not bound by the severance agreement. Relief was sought pursuant to various causes of action, including covin and collusion, breach of fiduciary duties, illegal gift of county funds, misfeasance, malfeasance, conspiracy, violations of public policy, and violations of FOIA, The trial court dismissed the action finding that Appellant's status as a taxpayer did not confer standing to challenge the severance agreement. The Supreme Court agreed with the circuit court in most respects concerning Appellant's lack of standing. However, the Court disagreed with the trial court "only insofar as the FOIA claim is concerned, for traditional standing principles do not apply under FOIA because the legislature has conferred standing on any citizen to enforce the Act's provisions." Accordingly, the Court affirmed in part, reversed in part, and remanded the case for further proceedings. View "Freemantle v. Preston" on Justia Law

Appellant Kathy Salley was found guilty of homicide by child abuse and sentenced to twenty years' imprisonment, suspendable upon eight years' service. Appellant claims the circuit judge committed reversible error by allowing into evidence a photograph of the child taken while she was alive and well, and two pieces of wood found at the home of the child. Although the Supreme Court believed that the admission of the pieces of wood was an abuse of discretion, the Court nevertheless found the error to be harmless. Accordingly, the Court affirmed Appellant's conviction. View "South Carolina v. Salley" on Justia Law

Petitioner Bobbie Manigo challenged his civil commitment to the Department of Mental Health for long-term control, care, and treatment pursuant to the Sexually Violent Predator Act ("SVPA"). Specifically, Petitioner contended that, although he has been convicted of a sexually violent offense, he was exempt from the SVPA evaluation procedure simply because his most recent offense was not explicitly designated as sexually violent. The court of appeals affirmed Petitioner's commitment, finding the language of the SVPA unambiguous and applicable to Petitioner. Upon further review, the Supreme Court affirmed the appellate court. View "In the Matter of the Care and Treatment of Bobbie Manigo" on Justia Law

Appellant Lisa Argabright and Respondent Wayne Argabright were formerly married, are now divorced and share joint custody of their minor daughter. Appellant appealed the family court's issuance of a restraining order enjoining her from permitting any contact between her boyfriend, a convicted sex offender, and the parties' minor daughter. The family court further required Appellant to pay Respondent's attorney's fees and the guardian ad litem fees. Appellant appealed. Upon review, the Supreme Court found that Appellant was the only person available to supervise contact between Child and the boyfriend. And given Appellant's pattern of deception and pursuit of her own interests over those of Child, an order entrusting Appellant to ensure no future unsupervised contact between Child and the boyfriend would be suspect. Accordingly, the Court affirmed the trial court's order. View "Argabright v. Argabright" on Justia Law

Respondents Kelly Rhoden and her daughters, Ashley Arrieta and Emerlynn Dickey, were involved in a motor vehicle accident while riding in a vehicle owned and operated by Arrieta. The parties stipulated that the Respondents are relatives residing in the same household, and that Arrieta's insurance policy with Nationwide did not provide UIM coverage. Rhoden owned two vehicles that she also insured through Nationwide under a policy that did provide UIM coverage. Rhoden's policy contained a term specifying that the insurance it provided was primary when the covered vehicle was involved in the accident but excess when the involved vehicle was not the covered vehicle but was owned by the policyholder or a resident relative. Nationwide brought a declaratory judgment action seeking a determination that UIM coverage was not available to any of the Respondents under Rhoden's policy. Nationwide contended that because Arrieta's policy had no UIM coverage, clause 3(b), a portability limitation clause, operated to prevent any Respondent from recovering under Rhoden's policy. The trial court held that UIM coverage under Rhoden's policy was available to all three Respondents because such coverage is personal and portable, and Respondents were either named insureds or resident relatives under Rhoden's policy. Nationwide appealed the decision to the court of appeals, which reversed the trial court with regard to Arrieta, and affirmed the trial court's ruling that UIM coverage was available to Rhoden and Dickey under Rhoden's policy. The issue on appeal to the Supreme Court was whether public policy was offended by the portability limitation clause preventing non-owner resident relatives from importing UIM coverage from an at-home vehicle's policy when the involved vehicle lacked UIM coverage. The Supreme Court held that South Carolina's public policy that UIM coverage is personal and portable requires UIM coverage to be provided to Rhoden and Dickey, who did not own the vehicle involved in the accident, while denied to Arrieta, who owned the vehicle involved in the accident but chose not to purchase UIM coverage. The Court affirmed the court of appeals' decision. View "Nationwide Mutual v. Rhoden" on Justia Law

Petitioner Chris Anthony Liverman was convicted of two counts of murder and sentenced to life imprisonment. The court of appeals affirmed. Petitioner sought certiorari with respect to the claim that the trial court refused to conduct a "full" in camera hearing pursuant to "Neil v. Biggers," (409 U.S. 188 (1972)). Petitioner contended the eyewitness's identification of him as the shooter at a police-orchestrated show-up was unduly suggestive and therefore tainted the in-court identification. The trial court, relying on "McLeod v. State," (196 S.E.2d 645 (1973)), did conduct an in camera hearing and found the pretrial identification was reliable, based primarily on the witness's previous knowledge of Petitioner. Following the court of appeals' decision, the United States Supreme Court issued its opinion in "Perry v. New Hampshire," (565 U.S. ___ (2012)). The issue in this case for the Supreme Court concerned "the intersection of a suggestive police show-up identification procedure and an eyewitness who knows the accused." The Court concluded that "McLeod" could not stand in light of "Perry" and overruled "McLeod" insofar as it created a bright-line rule excusing a "Neil v. Biggers" hearing where the eyewitness knows the accused. The Court nevertheless affirmed Petitioner's convictions and sentence because any error in failing to conduct a "Neil v. Biggers" hearing was harmless. View "South Carolina v. Liverman" on Justia Law

Respondent Jarod Wayne Tapp was convicted of murdering and sexually assaulting his upstairs neighbor, Julie Jett (victim), and of burglarizing her apartment. Respondent received a life sentence for murder and two thirty-year sentences for the first degree criminal sexual conduct and burglary charges. The Supreme Court granted the State's request for certiorari to review the appellate court's decision to overturn and remand Respondent's convictions and sentences for a new trial. The court of appeals found that the record in this case was insufficient for determining whether the circuit judge properly considered the reliability of a special agent's testimony prior to introducing that testimony to the jury. The Supreme Court agreed that its decision in "State v. White,"(676 S.E.2d684 (2009) governed Respondent's case, but took the opportunity to clarify "White" in light of the court of appeals' misreading of "White" in the opinion below. The Supreme Court's reading of the record convinced the Court that the circuit judge stopped short of determining the reliability of the agent's testimony prior to admitting it into evidence, and therefore the trial court erred. However, the Court found that the error in admitting the testimony at issue was harmless. Accordingly, the Court reversed the court of appeals and reinstated Respondent's convictions. View "South Carolina v. Tapp" on Justia Law

The issue before the Supreme Court in this case was declaratory relief in connection with an alleged improper certification of certain candidates by the Florence County Republican Party for the June 12, 2012, party primary.  Plaintiffs Florence County Election Commission, David Alford, South Carolina State Election Commission, and Marci Andino contended these candidates were improperly certified because they failed to comply with the requirements for filing a Statement of Economic Interests (SEI) contained in S.C. Code Ann. 8-13-1356 (Supp. 2011), as interpreted by the Court in "Anderson v. S.C. Election Comm'n," Op. No. 27120 (S.C. Sup. Ct. filed May 2, 2012).  The County Republicans argued the candidates were exempt under 8-13-1356(A) from the filing requirements of 8-13-1356(B).  The Court granted declaratory relief to Plaintiffs and declared the County Republicans improperly construed the relevant statutory provisions to determine certain candidates were exempt from the requirements of 8-13-1356(B). View "Florence County Democratic Party v. Florence County Republican Party" on Justia Law

Appellant Joey Ellis appealed a circuit court order that revoked and terminated his probation. He argued that the circuit court lacked subject matter jurisdiction because the probation violation warrant was not issued during the term of his probation. Upon review, the Supreme Court concluded that Appellant's sentence of probation for his attempted burglary in the second degree conviction began after his parole concluded for his conviction for burglary in the second degree, and not following his release from incarceration. Thus, the circuit court did not abuse its discretion in revoking Appellant's probation. View "South Carolina v. Ellis" on Justia Law

Petitioner Neeltec Enterprises, Inc., d/b/a/ Fireworks Supermarket, appealed an order requiring it to substitute two corporations as defendants in its SCUPTA suit in lieu of the individual Willard Long against whom it had brought suit. Petitioner operated a fireworks store near I-95. Defendant Long was alleged to have operated a competing fireworks store "Fireworks Superstore" near I-95. Petitioner alleged that Long first changed his store's name to closely resemble Petitioner's. Petitioner then redecorated the outside of his building facing I-95 traffic with an advertising display. Long allegedly retaliated by moving a 45- foot long, 9-foot tall storage container onto his property, effectively blocking travelers' views of Petitioner's wall advertisement. Petitioner alleged that, by his actions, Long had violated the SCUTPA. Long answered, and subsequently filed a "Motion for Summary Judgment or, in the Alternative, for Substitution of Parties." Long asserted he never owned the Fireworks Superstore, but that it had been owned by Hobo Joes, Inc., when the suit was commenced and was now owned by Foxy's Fireworks Superstore, Inc., both South Carolina corporations.  He sought either summary judgment because Petitioner had sued the wrong party or an order that Long be dropped as a party and that Hobo Joe's and Foxy's Fireworks be added as defendants. The special referee granted Long's motion in part, finding he was not "the proper defendant. Petitioner appealed and the Court of Appeals dismissed the appeal. Upon review, the Supreme Court held that the order requiring Petitioner to discontinue its SCUPTA suit against Long affected its substantial right to name its defendant, making it immediately appealable. The decision of the Court of Appeals dismissing the appeal was reversed, and the matter was remanded for consideration of the merits of Petitioner's appeal. View "Neeltec Enterprises v. Long" on Justia Law