Justia Constitutional Law Opinion Summaries

The issue this case presented to the Supreme Court was whether autopsy reports are "medical records" under Section 30-4-20(c) of the South Carolina Code (2007), and therefore exempt from disclosure under the South Carolina Freedom of Information Act, Title 30, Chapter 4 of the South Carolina Code (the FOIA). The appellants brought a declaratory judgment action under the FOIA requesting production of an autopsy report from a coroner. The circuit court granted summary judgment in favor of the coroner, finding the records were exempt from disclosure as medical records. Finding no reversible error, the Supreme Court affirmed. View "Perry v. Bullock" on Justia Law

Erick Hewins appealed his conviction for possession of crack cocaine. Hewins argued on appeal that the circuit court judge erred in ruling he was collaterally estopped from challenging the search of his vehicle, which precipitated the drug charge, because Hewins waived any challenge when he was convicted in municipal court of an open container violation resulting from the same search. The Supreme Court held the conviction in municipal court had no preclusive effect on Hewins's ability to litigate his motion to suppress in circuit court. Furthermore, the Court found the drug evidence should have been suppressed because it was discovered during an unlawful search. Accordingly, the Court reversed Hewins's conviction. View "South Carolina v. Hewins" on Justia Law

In August 2012, then-sixteen-year-old Appellant Stephen W. was charged with possession of marijuana. At the adjudicatory hearing, Appellant moved for a jury trial, claiming that he was entitled to a jury trial under the United States and South Carolina Constitutions. The family court denied Appellant's motion. The family court adjudicated Appellant delinquent and ordered that Appellant spend six consecutive weekends at the Department of Juvenile Justice, complete an alternative educational program, and continue with his prior probation for a period of time not to exceed his eighteenth birthday or until he obtained a G.E.D. Appellant directly appealed to the Supreme Court. He argued that the family court erred in denying his motion for a jury trial in a family court juvenile proceeding. Because there was no constitutional right to a jury trial in a family court juvenile proceeding, the Supreme Court affirmed. View "In the Interest of Stephen W." on Justia Law

On February 14, 2013, the Attorney General received an ethics complaint, alleging possible violations of the Ethics Act by the Speaker of the House of Representatives, Robert W. Harrell, Jr. The complaint was originally submitted by a private citizen to the House Legislative Ethics Committee. That same day, the Attorney General forwarded the complaint to South Carolina Law Enforcement Division (SLED), and SLED carried out a 10-month criminal investigation into the matter. At the conclusion of the investigation, the Chief of SLED and the Attorney General petitioned the presiding judge of the state grand jury to impanel the state grand jury on January 13, 2014. Acting presiding judge of the state grand jury, the Honorable L. Casey Manning, subsequently impaneled the state grand jury. On February 24, 2014, the Speaker filed a motion to disqualify the Attorney General from participating in the grand jury investigation. On March 21, 2014, a hearing was held on the motion after which the court sua sponte raised the issue of subject matter jurisdiction. Another hearing was held, and the court found, as presiding judge of the state grand jury, it lacked subject matter jurisdiction to hear any matter arising from the Ethics Act, and refused to reach the issue of disqualification. The court discharged the grand jury and ordered the Attorney General to cease his criminal investigation. The Attorney General appealed that order to the Supreme Court. After its review, the Supreme Court concluded the circuit court erred in concluding that the House Ethics Committee had exclusive jurisdiction over the original complaint. While the crime of public corruption could include violations of the Ethics Act, the state grand jury's jurisdiction is confined to the purposes set forth in the constitution and the state grand jury statute, as circumscribed by the impaneling order. While the Court reversed the circuit court's order, it "in no way suggest[ed] that it was error for the presiding judge to inquire whether the state grand jury was 'conducting investigative activity within its jurisdiction or proper investigative activity.'" The case was remanded for a decision on whether the Attorney General should have been disqualified from participating in the state grand jury proceedings. View "Harrell v. Attorney General of South Carolina" on Justia Law

Appellant Bruce Hill was convicted of two murders and first-degree burglary, arising from a home invasion and double homicide in Horry County in 2005. He received concurrent life sentences for the murders and a concurrent thirty-year sentence for the burglary. Prior to Appellant's trial, another individual, Richard Gagnon, was tried and convicted of these murders. During Gagnon's trial, the State maintained that there were two perpetrators involved, as there was blood at the scene that could not belong to either victim or to Gagnon. From blood droplets found at the crime scene, the South Carolina Law Enforcement Division (SLED) developed a DNA profile. The profile did not match either of the victims or Gagnon's. Approximately four years after the murders, the Horry County Police Department (HCPD) was notified in a letter from SLED of a CODIS match for the unknown individual's blood found at the crime scene: Appellant's, who, at that time, was incarcerated in Tennessee (Appellant's DNA had been placed into the CODIS database by the Tennessee Department of Corrections). HCPD agents travelled to Tennessee for the purpose of obtaining a buccal swab on Appellant for further DNA comparison. However, the investigators who obtained this order subsequently left HCPD, and the evidence of the swab was lost. Arrest warrants were issued charging Appellant with burglary and murder. In 2010, Appellant requested the final deposition of the charges pending against him in South Carolina. The solicitor's office and the clerk of court acknowledged receipt of Appellant's request in September, 2010, which triggered the IAD 180-day clock to bring trial. Appellant arrived in South Carolina on October 21, 2010; On March 1, 2011, the last day of the 180-day Interstate Agreement on Detainers Act (IAD) limit, a hearing on the State's motion for a six-month continuance was held. Appellant opposed the continuance arguing that the State did not meet its burden for obtaining a continuance under the IAD. The circuit court disagreed with Appellant and ruled that there was good cause for granting the State's request. In addition to granting a continuance, the court ordered that a "Schmerber" hearing be conducted the next week. At the final pretrial hearing, the circuit court: (1) ruled that neither the State nor Appellant could make any reference to Gagnon's conviction, as it was irrelevant to the determination of Appellant's guilt; and (2) denied Appellant's motion to suppress any mention of Appellant being in the CODIS database. Appellant was ultimately convicted on all counts, and he appealed. Finding no reversible error, the Supreme Court affirmed. View "South Carolina v. Hill" on Justia Law

Appellant pled guilty to two counts of indecent exposure and was sentenced to two consecutive three-year terms, with credit for 253 days already served. Appellant contended the trial court erred in denying his request for a full evidentiary hearing before the circuit court determined whether appellant's indecent exposure pleas should have been classified as sexually violent offenses for purposes of the Sexually Violent Predator Act (the SVP Act). Under the facts of this case, the Supreme Court found no reversible error, and therefore affirmed the trial court. View "South Carolina v. Wessinger" on Justia Law

Appellant Donta Reid challenged the trial court's failure to suppress his confession, arguing it was obtained in violation of his Sixth Amendment right to counsel. The Supreme Court disagreed, finding the facts of this case fell within the purview of "Montejo v. Louisiana," (556 U.S. 778 (2009)). Furthermore contended the trial court erred in failing to grant a directed verdict of acquittal on the charges for possession of a firearm during the commission of a violent crime because the State failed to prove he actually or constructively possessed a firearm. The Supreme Court found those charges were properly submitted to the jury and therefore affirmed his convictions. View "South Carolina v. Reid" on Justia Law

Appellant Anthony Nation appealed a circuit court's decision to statutorily impose lifetime global positioning satellite (GPS) monitoring on him due to his prior guilty plea for a sex offense with a minor and subsequent probation violations. On appeal, Appellant brought various constitutional challenges to section 23-3-540 and contests the validity of five of our previous decisions involving the South Carolina Sex Offender Registry and statutory authorization of GPS monitoring of sex offenders. Finding no reversible error, the Supreme Court affirmed. View "South Carolina v. Nation" on Justia Law

Lawrence Burgess was convicted of possession of crack cocaine with intent to distribute and sentenced to three years in prison and ordered to pay a $25,000 fine. The Court of Appeals affirmed. Following the denial of his petition for rehearing, Burgess petitioned for a writ of certiorari to review the decision. The South Carolina Supreme Court granted the petition to review whether: (1) the multi-jurisdictional drug-enforcement agreement (which formed the purported basis of the arresting officer's authority to arrest Burgess outside of the officer's territorial jurisdiction) satisfied the statutory prerequisites to constitute a valid agreement; and (2) whether Burgess should have been permitted to cross-examine the arresting officer with his personnel records pursuant to Rule 608(c) of the South Carolina Rules of Evidence. Although the Supreme Court found the Court of Appeals correctly affirmed Burgess's conviction, it disagreed with the court's conclusion regarding the multijurisdictional drug-enforcement agreement. Accordingly, the Court affirmed as modified. View "South Carolina v. Burgess" on Justia Law

The South Carolina Supreme Court answered certified two questions from the U.S. District Court for the District of South Carolina. The case concerned supplemental health insurance policies, which differ from ordinary health insurance policies in both purpose and operation. The questions were: (1) whether the definition of "actual charges" contained within S.C. Code Ann. 38-71-242 be applied to insurance contracts executed prior to the statute's effective date; and (2) whether the South Carolina Department of Insurance could mandate the application of "actual charges" to policies already inexistence on the statute's effective dates by prohibiting an insurance company from paying claims absent the application of that definition. The South Carolina Supreme Court answered both questions "no." View "Kirven v. Central States" on Justia Law