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May 2013

Of Interest to Family Law Attorneys

May 22nd, 2013

Supreme Court issues order regarding procedure for approval of settlements after appeal

Cases can settle at any time.  While most cases settle before trial, nothing prevents litigants from negotiating after a case is appealed.  I’ve had a couple of cases settle after an appeal is filed.  So long as the ultimate result is uncertain–i.e., remittitur hasn’t issued–both parties have some incentive to reach an agreement.  A procedural […]
South Carolina Specific

May 22nd, 2013

South Carolina Supreme Court looks to state constitution’s right to privacy in finding due process requires judicial review of lifetime electronic monitoring of sex offenders

South Carolina is one of the few states with an explicit right to privacy within the state constitution. S.C. Const. art. I, §10. One of my early legal interests and my first published piece on the law regarded our state’s constitutional protection of the right to privacy.  When“Privacy Rights in South Carolina After Singleton v. State” […]
Of Interest to Family Court Litigants

May 10th, 2013

Supreme Court finds harmless error in denial of counsel for termination of parental rights

The May 8, 2013 Supreme Court opinion in Broom v. Jennifer, 403 S.C. 96, 742 S.E.2d 382 (2013), affirmed a termination of parental rights (TPR) despite the appellant Mother having apparently completed the treatment plan from the removal action and being erroneously denied counsel at the beginning of the TPR proceedings. The Child at issue was initially removed […]

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