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Constitutional – Privacy Right – 6-Week Abortion Ban – ‘Informed Choice’
Our state constitutional right to privacy extends to a woman’s decision to have an abortion. The state unquestionably has the authority to limit the right of privacy that protects women from state...
View ArticleConstitutional – Due Process – Involuntary Commitment – Sexually Violent...
Petitioner was charged with multiple sexual offenses, but he was incompetent to stand trial. The Sexually Violent Predator Act applies to persons “convicted of a sexually violent offense”; however, the...
View ArticleConstitutional – Fetal Heartbeat Anti-Abortion Act – Privacy Right –...
In a new version of the Fetal Heartbeat and Protection from Abortion Act (the 2023 Act), our General Assembly has made a policy determination that, at a certain point of pregnancy, a woman’s interest...
View ArticleConstitutional – Voluntariness of Confession – Miranda Waiver – Coerced...
Petitioner Robert Miller III was convicted of the brutal murder of 86-year-old Willie Johnson. Following the murder, petitioner, who was 15 years old at the time, confessed four times: twice to his...
View ArticleConstitutional – Wrongful Termination – Defamation – Public Official –...
Although petitioner was a public employee and enjoyed media attention akin to that of many sports figures, that does not transform him into a public official. We reversed the decision of the court of...
View ArticleConstitutional – Condemnation Proceedings – Statutory Limit – Leasehold...
The $50,000 statutory limit on reimbursement of reestablishment expenses in condemnation proceedings set forth in S.C. Code Ann. section 28-11-30(4) (Supp. 2023) is constitutional. We affirmed the...
View ArticleConstitutional – Rezoning Application – Substantive and Procedural Due...
Plaintiff cannot state a substantive or procedural due process claim since it did not have a cognizable property interest in approval of its rezoning application. We affirmed the judgment of the...
View ArticleConstitutional – Jurisdiction – Excessive Force – Fourth Amendment Rights –...
We lacked jurisdiction over this appeal. We dismissed the appeal. Ted D. Ellis brought this 42 U.S.C. § 1983 action against Cody C. Kirkman and others, alleging that Kirkman, an officer of the Town of...
View ArticleConstitutional – Punitive Damages Award – ‘As Is’ Sale – Duty to Disclose –...
We adopted the court of appeals’ determination that the punitive damages award represents the highest award due process allows considering the particular facts of this case. We affirmed the court of...
View ArticleConstitutional – South Carolina Department of Social Services – Fourth...
Mother failed to show either that the South Carolina Department of Social Services acted unreasonably by interviewing her children at school or that the School District unreasonably permitted the...
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