Appellant, Edward D. Sloan, Jr., filed a declaratory judgment action challenging respondents'1 decision to authorize an emergency procurement on a construction project in Charleston County. This is a direct appeal from the trial court's grant of summary judgment in favor of the DOT.2 We reverse and remand... FACTS... In 2000, the DOT procured construction on Ladson Road in Charleston County from Eagle Construction Company (Eagle). The Ladson Road Project involved the widening of the road from...  

We accepted two questions certified by the United States District Court for South Carolina pursuant to Rule 228, SCACR. The questions involve recovery in tort in light of the economic loss doctrine and recovery under the South Carolina Unfair Trade Practices Act (UTPA) for a remote user. After careful consideration, we answer the first question "no," and "yes." We answer the second question, "yes."... FACTS... Plaintiff Colleton Preparatory Academy is a private school in...  

Respondent and Disciplinary Counsel have entered into an agreement pursuant to Rule 21, RLDE, Rule 413, SCACR, in which respondent admits misconduct and agrees to accept an admonition up to a public reprimand. Respondent understands it is within our discretion to require him to pay the complainant $1,100. We accept the agreement and issue a public reprimand. Respondent is further required to make a payment of $1,100, plus interest from June 15, 2004, to the complainant. The facts, as set forth...  

By way of the attached order of the Indiana Supreme Court, respondent was publicly reprimanded... The Clerk of this Court sent a letter via certified mail to respondent notifying him that, pursuant to Rule 29(b), RLDE, Rule 413, SCACR, he had thirty (30) days in which to inform the Court of any claim he might have that a public reprimand in this state is not warranted and the reasons for any such claim. No response was received. The Office of Disciplinary Counsel filed a response stating it has...  

In this workers' compensation action, Wal-Mart Stores, Inc. appeals from an order of the circuit court reversing the Appellate Panel of the South Carolina Workers' Compensation Commission's finding that Albertha Sanders' knee injuries were not work-related. We reverse.1... FACTS... On June 14, 2000, Albertha Sanders suffered an injury to her knee descending from a ladder while working at Wal-Mart. Wal-Mart acknowledged the injuries arising from this accident were compensable and provided...  

Justin G., a minor, appeals his guilty pleas to second-degree burglary and simple assault and battery. Justin argues that his guilty pleas failed to comply with Boykin v. Alabama, 395 U.S. 238 (1969). After a thorough review of the record pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss Justin's appeal and grant counsel's motion to be relieved.1... APPEAL DISMISSED... KONDUROS, J., CURETON and GOOLSBY, A.J.J.,...  

Billy Wayne Ruppe pled no contest to trafficking in methamphetamine, second offense, ten to twenty eight grams, and received a negotiated sentence of five years. Ruppe argues the trial court erred by accepting his guilty plea because the probable cause for issuing the search warrant had grown stale by the time the warrant was issued. After a thorough review of the record and counsel's brief pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d...  

In this case, the magistrates court granted summary judgment to Respondent landlord ("Landlord") in an eviction action, finding that Landlord had given Appellants, who are tenants ("Tenants"), proper notice of the termination of their tenancy. The circuit court affirmed and Tenants appeal. We affirm... FACTUAL/PROCEDURAL BACKGROUND... In August 2002, Landlord and Tenants entered into a residential lease agreement for a house owned by Landlord. The agreement included the...  

In this declaratory judgment action filed in this Court's original jurisdiction, Thomas O'Brien asks the Court to declare whether the City of Charleston's ("the City") decision to place funds for employee retirement benefits in a trust that invests in equity securities violates the South Carolina Constitution.1 The City's actions are laudable and well intended. However, the City's well-intended actions do not obviate the requirement to comply with constitutional mandates. Article X,...  

We granted a writ of certiorari to review the Court of Appeals' opinion in Smith v. Hastie, 367 S.C. 410, 626 S.E.2d 13 (Ct. App. 2005). We dismiss the writ as improvidently granted... TOAL, C.J., MOORE, WALLER, PLEICONES, JJ., and Acting Justice Howard P. King, concur...  

James Ayre pled guilty to one count of criminal sexual conduct with a minor first degree and one count of sexual exploitation of a minor second degree, pursuant to Alford v. North Carolina, 400 U.S. 25 (1970). Ayre contends the plea judge erred by not informing him criminal sexual conduct with a minor first degree is a most serious offense and a strike, and therefore, his plea was not voluntarily and intelligently entered. In his pro se brief Ayres argues: (1) the trial court erred by not...  

Ephrain Reliford, Jr., pled guilty to manslaughter in 1995. The circuit court sentenced Reliford to thirty years' imprisonment. On appeal, Reliford maintains the trial court erred in denying his motion to withdraw his plea because the plea was based on false information provided by his counsel. After a thorough review of the record and counsel's brief pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss1 Reliford's appeal...  

The issue presented here is whether a broadly-worded arbitration clause contained in an agreement for investment services should be applied to a lawsuit alleging the client's funds were transferred electronically to a third party without his authorization or consent. We hold the claims relating to breach of the underlying agreement should be arbitrated but the claims for negligence and a violation of the South Carolina Unfair Trade Practices Act (SCUTPA) are not subject to arbitration....  

Sergio McGowan appeals his guilty plea for armed robbery, two counts of kidnapping, and possession of a weapon during the commission of a violent crime. The plea judge sentenced McGowan to five years for the possession, twelve years for kidnapping, and twelve years for the armed robbery. McGowan argues the plea judge erred in accepting his guilty plea before advising him that he was waiving his right to a jury trial and that any verdict by a jury would have to be unanimous. After a thorough...  

Rubin Prioleau appeals his guilty plea to first degree burglary and sentence of twenty-five years imprisonment. Prioleau maintains his guilty plea failed to conform with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969). After a thorough review of the record and counsel's brief pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss the appeal and grant counsel's motion to be relieved.1... APPEAL DISMISSED......  

David Jeffrey Cooley was tried for and convicted of first-degree burglary and petit larceny. He was sentenced to twenty years' imprisonment for burglary and thirty days' imprisonment for petit larceny, to be served concurrently. Cooley appeals his conviction, arguing the circuit court erred in admitting a photograph depicting Cooley in handcuffs. Cooley's counsel attached to the final brief a petition to be relieved as counsel pursuant to Anders v. California, 386 U.S. 738 (1967), stating she...  

Alphonso Haynesworth appeals the revocation of his probation. Haynesworth argues the circuit court's decision to revoke his probation was arbitrary and capricious because Haynesworth offered valid explanations for failing to meet the conditions of probation. Haynesworth also submitted a pro se brief. Pursuant to Anders v. California, 386 U.S. 738 (1967), Haynesworth's counsel attached a petition to be relieved, stating she reviewed the record and concluded this appeal lacks merit. After a...  

Morris Sullivan appeals his convictions and sentences for voluntary manslaughter, possession of a firearm during the commission of a violent crime, and possession of a firearm by a person under the age of twenty-one. Sullivan's appellate counsel filed a brief and attached a petition to be relieved as counsel pursuant to Anders v. California, 386 U.S. 738 (1967). Counsel argues the trial court erred by not directing a verdict by reason of self-defense and defense of habitation. Sullivan also...  

Michael Bennett appeals his guilty plea to unlawful conduct towards a child and sentence of thirty months imprisonment. He maintains his guilty plea failed to conform with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969). After a thorough review of the record and counsel's brief pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss the appeal and grant counsel's motion to be relieved.1... APPEAL DISMISSED......  

This is a direct appeal from the jury's verdict which found appellant, Alfred William Lasure, to be a sexually violent predator, and from the subsequent court order of commitment to the Department of Mental Health for appellant's long term control, care, and treatment. We affirm... FACTS... In March 2000, appellant pled guilty to one count of lewd act upon a child which had been committed in January 1997 when appellant molested a seven-year-old boy while traveling through South Carolina on a...