Justia Constitutional Law Opinion Summaries

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

Petitioner Beulah Butler appealed the court of appeals' decision to affirm her convictions for voluntary manslaughter and possession of a firearm or a knife during the commission of a violent crime. She claimed appellate court erred in affirming the denial of her motion for a directed verdict on self-defense. Finding no reversible error, the Supreme Court affirmed. View "South Carolina v. Butler" on Justia Law

"Appellant and the Respondents are neighbors who obviously do not get along." Appellant Ursula Pallares brought suit alleging five claims against two of her neighbors, respondents Sharon Seinar and Lisa Maseng. Pallares claimed respondents had "mounted a campaign to harass and humiliate" her and to "drive her from her home." Pallares outlined four areas of conduct by one or both Respondents involving: (1) code violations; (2) nuisance animals; (3) a petition for a mental evaluation; and (4) requests for restraining orders, which Pallares averred gave rise to civil tort liability. The circuit court granted partial summary judgment to Respondents on Pallares's claims for malicious prosecution, abuse of process, and civil conspiracy. Pallares appealed, and the Supreme Court certified the case for review. Based on careful consideration of the facts in record, the Supreme Court affirmed the circuit court's grant of partial summary judgment to Respondents on Pallares's claim for malicious prosecution. However, the Court reversed the grant of summary judgment on Pallares's claim for abuse of process. View "Pallares v. Seinar" on Justia Law

Brian Hover, son of decedent Margaret Dever Hover Gurnham and the Personal Representative of her Estate, appealed the circuit court's order confirming the probate court's grant of summary judgment in favor of Beach First National Bank to enforce a deficiency judgment against the Estate. Hover argued the Bank's claim (which arose following a foreclosure action) was untimely and, thus, barred by section 62-3-8031 of the South Carolina Probate Code (Probate Code). Upon review, the Supreme Court agreed that the Bank's claim was barred because it was presented outside the time limits of the applicable statute. View "Beach First National Bank v. Estate of Gurnham" on Justia Law

Appellant Quashon Middleton was convicted on two counts of attempted murder and one count of possession of a weapon while committing a violent crime. Appellant pulled alongside his victims' stopped car one day in 2010 on his moped. He fired 5-7 times into the car, but none struck the car's occupants. But for the driver's hitting appellant as he sped away, the driver and passenger would have been killed. On appeal, appellant argued the trial judge erred in refusing to charge the jury on the lesser-included offense of assault and battery in the first degree, and this error required reversal. The Supreme Court agreed the trial court's failing to include the lesser-included charge was made in error, however, the Court concluded this error was harmless. View "South Carolina v. Middleton" on Justia Law

Petitioner Clarence Robinson appealed his conviction for armed robbery and possession of a firearm during the commission of a violent crime. He claimed the trial court erred in finding the police had a reasonable, articulable suspicion to stop and search the vehicle in which he was riding as a passenger. Finding no reversible error, the Supreme Court affirmed petitioner's convictions. View "Robinson v. South Carolina" on Justia Law

The issue before the Supreme Court in this case was whether the admission of appellant Davontay Henson's codefendant's redacted confession during a joint trial violated appellant's rights under the Confrontation Clause of the Sixth Amendment. Upon careful consideration of the trial court record, the Supreme Court found that the admission of the redacted confession indeed violated the Confrontation Clause because the jury could infer from the face of the confession that it referred to and incriminated Henson. View "South Carolina v. Henson" on Justia Law

Petitioner James Giles was convicted of first-degree burglary, strong arm robbery, and kidnapping. He was sentenced to thirty years', thirty years', and fifteen years' imprisonment, respectively, to be served concurrently. On appeal to the Supreme Court, he argued the appellate court erred in affirming his convictions and sentences on the basis that the trial court improperly sustained the solicitor's "Batson" motion. Finding no reversible error, the Supreme Court affirmed. View "South Carolinav. Giles" on Justia Law