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The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.
10-2-2019 - Opinions
We granted Scott Ledford's petition for a writ of certiorari to review the Court of Appeals' decision in Ledford v. Department of Public Safety, Op. No. 2018-UP-280 (S.C. Ct. App. filed June 27, 2018). We reverse the decision of the Court of Appeals, vacate the orders of Commissioner Barden and the Workers' Compensation Commission Appellate Panel, and remand for a new hearing before a single commissioner.
In this post-conviction relief (PCR) matter, Korey Lamar Love moved at the outset of his PCR hearing to amend his application for relief to add four additional grounds of ineffective assistance of counsel. This appeal centers upon only one of those additional grounds, specifically that trial counsel was ineffective for failing to object to a portion of the State's closing argument. The State objected to the amendments, and the PCR court denied Love's motion to amend, finding the State would be unfairly prejudiced by allowing Love to amend his PCR application upon such short notice. We granted Love a writ of certiorari to address whether the PCR court erred by not allowing him to amend his application to add the ground concerning the State's closing argument. We reverse the PCR court's denial of Love's motion to amend to add that one ground, and we remand this matter to the PCR court and instruct the PCR court to consider the merits of this additional ground.10-23-2019 - Opinions
Accepting an Agreement for Discipline by Consent entered into between Respondent and the Office of Disciplinary Counsel in which Respondent admitted his misconduct violated numerous provisions to the South Carolina Rules of Professional Conduct, the Court suspended Respondent from the practice of law for one year, retroactive to the date of his interim suspension.
Now that the Legislature has codified all degrees of assault and battery crimes, assault and battery of a high and aggravated nature is not a lesser included offense of criminal sexual conduct.
Summary courts have the inherent authority to order competency evaluations, which must be paid for by the prosecuting entity.10-30-2019 - Opinions
In this challenge to the family court's order permitting grandparent visitation under subsection 63-3-530(A)(33) of the South Carolina Code, we reject the mother's argument the subsection is unconstitutional. We find the grandparents satisfied the requirements of the subsection as to the mother's denial of visitation, and are entitled to have some visitation. However, we find the limitations the mother placed on the grandparents' visitation were reasonable, and the grandparents did not satisfy the requirements of the subsection to overcome the mother's limitations. We affirm as modified.