Justia Constitutional Law Opinion Summaries

The Court granted the State's petition for a writ of certiorari to review an unpublished Court of Appeals decision that affirmed the circuit court's suppression of respondent Philip Sawyer's breath test results and video in a prosecution for driving under the influence (DUI). In 2007, respondent was taken to the Spartanburg County Jail following a traffic stop made by a certified Data Master operator. Respondent was placed in the "subject test area" which is a room that adjoins the Data Master room. A deputy retrieved some forms from the Data Master room and then appeared to read respondent his Miranda rights and the implied consent information. Both respondent and the deputy signed the forms. There were separate audio and video recording devices in both the subject test area and in the breathalyzer room. In this case, the audio device in the subject test area did not function. Respondent moved to suppress the evidence relating to the breath test site alleging the videotape did not meet the requirements of S.C. Code Ann. 56-5-2953(A), which required that a person charged with DUI have his conduct at both the incident site and the breath test site videotaped. Upon review, the Supreme Court affirmed, holding that a videotape from the breath test site that lacked the audio portion of the reading of Miranda rights and the informed consent law did not satisfy the requirements of S.C. Code Ann. 56-52953(A)(2) (2006). View "South Carolina v. Sawyer" on Justia Law

Following his conviction for one count of assault and battery of a high and aggravated nature (ABHAN), one count of possession of a dangerous animal, and multiple counts of animal fighting, David Tant was remanded to the Department of Corrections. Upon receipt of his sentencing sheets, the Department recorded his sentence as fifteen years' imprisonment. However, the Department later determined the judge intended to sentence Tant to forty years' imprisonment and changed its records without notifying Tant. The issue this case presented to the Supreme Court was whether the Department of Corrections had the authority to alter its initial determination as to the length of an inmate's sentence. The Court held that when the Department decides its original recordation of a sentence was erroneous, it must afford the inmate formal notice of the amended sentence and advise him of his opportunity to be heard through the grievance procedure. Furthermore, "the Department is generally confined to the face of the sentencing sheets in determining the length of a sentence, but may refer to the sentencing transcript if there is an ambiguity in the sentencing sheets." Because the Court found that the sentencing sheets and the transcript in this case were ambiguous, it held Tant's sentences ran concurrently for a total of fifteen years' imprisonment. View "Tant v. South Carolina Dept. of Corrections" on Justia Law

The South Carolina Libertarian Party sought a declaratory judgment to determine whether the Equal Access to the Ballot Act was in effect. If the Court determined the Act was effective, the Party requested that the South Carolina State Election Commission be ordered to conduct a Libertarian Party primary on June 10, 2014, and place a referendum question on the primary ballot for approval of the use of the convention method of nominating candidates by petitioner in 2016. The Supreme Court granted the petition for original jurisdiction and declared the Act was in effect. However. The Court denied the Party's request to require the Commission to conduct a primary and place a referendum question on the primary ballot. View "SC Libertarian Party v. SC Election Commission" on Justia Law

Ten health care entities, along with the South Carolina Hospital Association and the South Carolina Health Care Association sought a declaration from the Supreme Court that the South Carolina Department of Health and Human Services (DHEC) was obligated to enforce the State Certification of Need and Health Facility Licensure Act (the CON Act) and fund the certificate of need (CON) program despite the South Carolina House of Representative's failure to override the Governor's veto of the line item in the state budget providing funding for the program. Upon review of matter in its original jurisdiction, the Supreme Court granted the Petitioners' requested relief. View "Amisub v. SCDHEC" on Justia Law

Appellant Ida Lord appealed the circuit court's order granting summary judgment in favor of D & J Enterprises, Inc., d/b/a Cash on the Spot ("D & J"). Lord argued on appeal that the circuit court erred in: (1) finding the balancing approach adopted in "Bass v. Gopal, Inc.," (716 S.E.2d 910 (2011) ("Gopal II")), used to determine a business owner's duty to protect a patron based on the foreseeability of violent acts by third parties, applied prospectively; and (2) granting summary judgment as she presented a genuine issue of material fact on each element of her negligence claim. Upon review of the trial court record, the Supreme Court reversed the circuit court and remanded the case for trial because the Court found "Gopal II" applied here and its application warranted the denial of D & J's motion for summary judgment. View "Lord v. D & J Enterprises" on Justia Law

The Catawba Indian Nation brought a declaratory judgment action against the State (and Mark Keel) to determine the effect of the Gambling Cruise Act on its gambling rights. The circuit court granted summary judgment to the State, finding: (1) the Tribe's action was precluded by collateral estoppel and/or res judicata, and (2) the Gambling Cruise Act does not confer upon the Tribe the right to offer video poker and similar electronic play devices on its Reservation as the Act does not alter the statewide ban on video poker. The Tribe appealed. Upon review, the Supreme Court affirmed in part, and reversed in part: the circuit court's determination that the Gambling Cruise Act did not authorize the Tribe to offer video poker on its Reservation in contravention of the existing statewide ban on video gambling devices was affirmed; the Tribe's action was not precluded by collateral estoppel or res judicata, reversing this finding by the circuit court. View "Catawba Indian Nation v. South Carolina" on Justia Law

Appellant Dorris Green, representing his child who was injured while a passenger in his mother's automobile, contended that as a matter of public policy the courts of South Carolina should refuse to recognize the validity of a family member exclusion in a Florida car insurance policy. Further, he contended that the circuit court erred in finding there was no uninsured motorist coverage for his minor child under his Florida policy. The Supreme Court agreed with the circuit court that enforcement of this exclusion, valid under Florida law, did not offend South Carolina public policy, and that there was no underinsured coverage for father's minor child under the father's policy. The Court therefore affirmed the grant of summary judgment to the insurance company. View "Green v. USAA" on Justia Law

In an expedited appeal, Michelle G. challenged the termination of her parental rights to two of her three sons. The family court terminated her rights as to two, and denied the mother's motion to dismiss on grounds that section 63-7-2570(1) was unconstitutionally vague. On appeal, the mother argued that the TPR statute violated the Fourteenth Amendment and was void for vagueness. After review of the facts of this case, the Supreme Court found no reversible error, and affirmed the family court's termination decision. View "SCDSS v. Michelle G." on Justia Law

Appellant Cynthia Holmes, MD was previously a member of the consulting medical staff of the Respondent East Cooper Community Hospital, Inc. During the relevant time period, Appellant was a member of the Hospital's medical consulting staff, appointed in two-year increments. In October 2006, she submitted a reappointment application seeking advancement in medical staff category and clinical privileges to perform surgery. The Hospital's credentialing committee found Appellant unqualified for the level of privileges she requested. Appellant received administrative review of this decision, and was ultimately reappointed as consulting medical staff for another two-year term. In October 2008, Appellant submitted another reappointment application requesting advancement. This time, the Hospital determined that Appellant's application was incomplete and requested she voluntarily resign from the medical staff without appellate rights under the medical staff bylaws. This appeal stemmed from the Hospital's privileging decisions. Respondent successfully moved summary judgment on several grounds, including that the circuit court lacked subject matter jurisdiction to review the medical staff privileging decisions of a private hospital. Thereafter, Respondent filed a motion for sanctions under the Frivolous Civil Proceedings Sanctions Act (FCPSA), arguing, inter alia, that the circuit court should sanction Appellant for "seeking adjudication of claims over which this Court does not have jurisdiction" and "raising issues which have been previously adjudicated against [Appellant] and in [Respondents'] favor." Appellant appealed the sanctions order, arguing the circuit court erred in awarding sanctions against her, and challenging the Act's constitutionality. Finding no reversible error, the Supreme Court affirmed the circuit court's decisions. View "Holmes v. East Cooper Community Hospital" on Justia Law

The circuit court granted petitioner Joseph Walker's request for post-conviction relief on the ground that his trial counsel rendered ineffective assistance for failing to investigate a potential alibi witness. The court of appeals reversed, holding that while trial counsel's representation was deficient, petitioner was not prejudiced by it. Upon review of the matter, the Supreme Court disagreed with the appellate court and reversed its holding. View "Walker v. South Carolina" on Justia Law