June 2015
Laborers’ lien
S.C. Code Section 29-7-10 does not require “laborers” to be directly employed by the contractor who receives the money in order for them to be entitled to a first lien. The S.C. Court of Appeals further held that the Legislature did not intend the creation of a lien under section 29-7-10 to turn on how the contractor “received” the funds—whether physically, in its own bank account or in the account of an escrow agent.
C.R. Meyer and Sons Co. v. Custom Mechanical CSRA, LLC, Op. No. 5319 (S.C. Ct. App. filed June 10, 2015) (Shearouse Adv. Sh. No. 22 a 60).
December 2014
Eminent Domain Procedure Act
A contingency fee agreement is but one factor for the court to consider in determining an award of attorneys’ fees under S.C. Code Section 28-2-510(B)(1) of the Eminent Domain Procedure Act.
SCDOT v. Revels, Op. No. 27469 (S.C. Sup. Ct. filed December 10, 2014) (Shearouse Adv. Sh. No. 49 at 67).
November 2014
Education
South Carolina’s educational funding scheme is a formula denying students in the plaintiffs’ school districts the opportunity to receive a minimally adequate education as required under the S.C. Constitution.
Abbeville County School District v. State, Op. No. 27466 (S.C. Sup. Ct. filed November 12, 2014) (Shearouse Adv. Sh. No. 46 at 10).
April 2014
Line item veto
A governor’s line item veto eliminates any authority to expend the vetoed funds for the objects and purposes specified on the line. The veto, however, destroys only the funding provided for in that line item; it does not give the governor authority to negate the effect of a long-standing permanent law.
Amisub v. SCDHEC, Op. No. 27382 (S.C. Sup. Ct. filed April 14, 2014) (Shearouse Adv. Sh. No. 15 at 38).
January 2014
Attorney General
The Attorney General, as the chief prosecuting officer for South Carolina, has the authority to prosecute cases in summary courts without violating Art. V, Section 24, of the state constitution.
State v. Long, Op. No. 27347 (S.C. Sup. Ct. filed January 8, 2014) (Shearouse Adv. Sh. No. 1 at 80).
October 2013
Right to waive counsel
The higher standard of competency to waive the right to counsel articulated in Indiana v. Edwards, 554 U.S. 164 (2008), has not been adopted in South Carolina. Thus, a defendant competent to stand trial is competent to waive her right to counsel.
State v. Barnes, Op. No. 27322 (S.C. Sup. Ct. filed October 16, 2013) (Shearouse Adv. Sh. No. 44 at 16).