PCR: Darlington County Convictions Reversed Where Trial Counsel Failed to Move to Sever Unrelated Charges
In Tyler v. State, decided on June 22, 2022, the SC Supreme Court reversed convictions for criminal solicitation of a minor, contributing to the delinquency of a minor, and disseminating harmful material to a minor, based on trial counsel’s ineffective assistance in...
How do You File for Custody in SC?
How do you file for custody of a child in SC? The procedure for filing for custody in SC depends on the circumstances – in this article, we will look at the different ways that you can file for custody in SC, including: When the parents are married, When the parents...
Can I Get Workers’ Compensation Benefits in SC if I Fail a Drug Test?
Can you get workers’ compensation benefits if you fail a drug test? Many employers will give random drug screens to employees – and get a discount on their workers’ comp insurance policies for complying with the requirements for a “drug-free workplace.” Employers will...
Vega v. Tekoh: The Death of Miranda?
Is the US Supreme Court’s opinion in Vega v. Tekoh “the death of Miranda?” No… It is not the death of Miranda, although it could be an ominous sign of what the Court is planning in future appellate opinions. Tekoh does not “do away with” Miranda rights, and the result...
Was GEICO Forced to Pay Over $5 Million for a Woman Who Got an STD in an Automobile?
Was GEICO was forced to pay over $5 million to a woman because she contracted an STD in the vehicle? No – despite the alarm-raising clickbait headlines from various media outlets, GEICO was not forced to pay the $5 million award (not yet anyway). Furthermore, this was...
Types of Damages that are Available in a SC Auto Accident or Personal Injury Claim
What are the types of damages that you can recover in an auto accident or personal injury claim in SC? Many people are unaware of the different types of damages that they are entitled to after a car accident – and the insurance company is not going to tell you what...
What is a Preliminary Hearing in SC?
A preliminary hearing in SC is a probable cause hearing where the prosecution must prove that there was probable cause for your arrest and charges. If there was no probable cause, your case is dismissed. If the court finds that there was probable cause for the arrest,...
Should Drunk Drivers be Required to Pay Child Support to Victim’s Families?
If a drunk driver causes the death of a parent, should the defendant be required to pay child support to the surviving parent or guardian? That’s what SC legislators say a proposed bill would require, except the legislation as it is written doesn’t make sense, won’t...
Workers’ Compensation in SC: What are Temporary Benefits and How do You Get Them?
If you have been injured on the job and are unable to work, you may be entitled to temporary benefits through your employer’s workers’ compensation insurance. In this article, we will cover the basics of temporary benefits in SC, including: What temporary benefits...
What if You Need to File for Divorce but Your Spouse Lives in Another State?
What if your spouse lives in another state and you need to file for divorce – do you have to file in the state where your spouse lives or can you file your divorce action in South Carolina? If you do not meet the residency requirements for a SC divorce or if you file...
