10 South Carolina opinions name it 2 courts 1926–2024 2 in the last five years
The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Dupreegreen2 sentences2022See State v. Brown, 423 S.C. 519 , 522, 815 S.E.2d 761, 763 (2018) ("Under a standard abandonment analysis, 'the question is whether the defendant has, in discarding the property, relinquished his reasonable expectation of privacy.'" (quoting State v. Dupree, 319 S.C. 454, 457 , 462 S.E.2d 279, 281 (1995))). 2022See State v. Brown, 423 S.C. 519 , 522, 815 S.E.2d 761, 763 (2018) ("Under a standard abandonment analysis, 'the question is whether the defendant has, in discarding the property, relinquished his reasonable expectation of privacy.'" (quoting State v. Dupree, 319 S.C. 454, 457 , 462 S.E.2d 279, 281 (1995))). | 3 | 4 |
Shoney's Inc. v. Cookegreen2 sentences2024See Schmidt v. Courtney, 357 S.C. 310, 317 , 592 S.E.2d 326, 330 (Ct. App. 2003) ("Once the party moving for summary judgment meets the initial burden of showing an absence of evidentiary support for the opponent's case, the opponent cannot simply rest on mere allegations or denials contained in the pleadings."); id. (requiring the nonmoving party to "come forward with specific facts showing there is a genuine issue for trial"); Shoney's, Inc., 291 S.C. at 314 , 353 S.E.2d at 305 (stating the "omission of restrictions in some of the conveyances of lots in a subdivision being developed under a 2024See Schmidt v. Courtney, 357 S.C. 310, 317 , 592 S.E.2d 326, 330 (Ct. App. 2003) ("Once the party moving for summary judgment meets the initial burden of showing an absence of evidentiary support for the opponent's case, the opponent cannot simply rest on mere allegations or denials contained in the pleadings."); id. (requiring the nonmoving party to "come forward with specific facts showing there is a genuine issue for trial"); Shoney's, Inc., 291 S.C. at 314 , 353 S.E.2d at 305 (stating the "omission of restrictions in some of the conveyances of lots in a subdivision being developed under a | 1 | 1 |
Schmidt v. Courtneygreen2 sentences2024See Schmidt v. Courtney, 357 S.C. 310, 317 , 592 S.E.2d 326, 330 (Ct. App. 2003) ("Once the party moving for summary judgment meets the initial burden of showing an absence of evidentiary support for the opponent's case, the opponent cannot simply rest on mere allegations or denials contained in the pleadings."); id. (requiring the nonmoving party to "come forward with specific facts showing there is a genuine issue for trial"); Shoney's, Inc., 291 S.C. at 314 , 353 S.E.2d at 305 (stating the "omission of restrictions in some of the conveyances of lots in a subdivision being developed under a 2024See Schmidt v. Courtney, 357 S.C. 310, 317 , 592 S.E.2d 326, 330 (Ct. App. 2003) ("Once the party moving for summary judgment meets the initial burden of showing an absence of evidentiary support for the opponent's case, the opponent cannot simply rest on mere allegations or denials contained in the pleadings."); id. (requiring the nonmoving party to "come forward with specific facts showing there is a genuine issue for trial"); Shoney's, Inc., 291 S.C. at 314 , 353 S.E.2d at 305 (stating the "omission of restrictions in some of the conveyances of lots in a subdivision being developed under a | 1 | 1 |
State v. Browngreen1 sentence2022See State v. Brown, 423 S.C. 519 , 522, 815 S.E.2d 761, 763 (2018) ("Under a standard abandonment analysis, 'the question is whether the defendant has, in discarding the property, relinquished his reasonable expectation of privacy.'" (quoting State v. Dupree, 319 S.C. 454, 457 , 462 S.E.2d 279, 281 (1995))). | 1 | 1 |
Commonwealth v. Kanegreen1 sentence2020See, e.g., Commonwealth v. Kane, 210 A.3d 324 , 329–32 (Pa. Super. | 1 | 1 |
Futch v. McAllister Towing of Georgetown, Inc.green2 sentences2015See Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613 , 518 S.E.2d 591, 598 (1999) (holding an appellate court need not address remaining issues on appeal when its determination of a prior issue is dispositive). 2015See Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613 , 518 S.E.2d 591, 598 (1999) (holding an appellate court need not address remaining issues on appeal when its determination of a prior issue is dispositive). | 1 | 1 |
Nienow v. Nienowgreen1 sentence1988See Nienow v. Nienow, 268 S. C. 161, 232 S. E. (2d) 504 (1977) (the failure to argue an issue in the brief is deemed an abandonment of the exception raising it). | 1 | 1 |
Murphy v. Hagangreen2 sentences1985See, Murphy v. Hagan , 275 S.C. 334 , 271 S.E. (2d) 311 (1980) (failure to present an issue to the trial court precludes its consideration on appeal); Diamond v. Powell , 271 S.C. 183 , 246 S.E. (2d) 233 (1978) (failure to argue an exception in a brief amounts to an abandonment of the exception); Odom v. County of Florence , 258 S.C. 480 , 189 S.E. (2d) 293 (1972) (In the *299 absence of a proper exception there is nothing for an appellate court to review). 1985See, Murphy v. Hagan , 275 S.C. 334 , 271 S.E. (2d) 311 (1980) (failure to present an issue to the trial court precludes its consideration on appeal); Diamond v. Powell , 271 S.C. 183 , 246 S.E. (2d) 233 (1978) (failure to argue an exception in a brief amounts to an abandonment of the exception); Odom v. County of Florence , 258 S.C. 480 , 189 S.E. (2d) 293 (1972) (In the *299 absence of a proper exception there is nothing for an appellate court to review). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
City of St. Paul v. Vaughn
green
2 sentences2018Paul v. Vaughn , 306 Minn. 337 , 237 N.W.2d 365 , 371 (1975) ). 2018Paul v. Vaughn , 306 Minn. 337 , 237 N.W.2d 365 , 371 (1975) ). | 1 | 2018–2018 |
In re Designation of Associate Chief Magistrate
green
1 sentence2018State v. Moore , 415 S.C. 245 , 251, 781 S.E.2d 897 , 900 (2016). | 1 | 2018–2018 |
State v. Brown
green
2 sentences2018To summarize, we turn to the majority opinion from the court of appeals, which we believe correctly concludes the abandonment analysis, When Detective Lester made the decision to unlock the phone several days later, he was aware of these circumstances, all of which, when considered together, provided sufficient objective facts to support his belief that any expectation of privacy in the phone and its data had been abandoned. 414 S.C. at 26 , 776 S.E.2d at 924 . 2018To summarize, we turn to the majority opinion from the court of appeals, which we believe correctly concludes the abandonment analysis, When Detective Lester made the decision to unlock the phone several days later, he was aware of these circumstances, all of which, when considered together, provided sufficient objective facts to support his belief that any expectation of privacy in the phone and its data had been abandoned. 414 S.C. at 26 , 776 S.E.2d at 924 . | 1 | 2018–2018 |
State v. Moore
green
1 sentence2018State v. Moore , 415 S.C. 245 , 251, 781 S.E.2d 897 , 900 (2016). | 1 | 2018–2018 |
Riley v. Cal. United States
green
2 sentences2018Brown contends, however, the reasoning of the Supreme Court of the United States in Riley v. California , 573 U.S. ----, 134 S.Ct. 2473 , 189 L.Ed. 2d 430 (2014), fundamentally alters the abandonment analysis when the property in question is the digital information stored on a cell phone. 2018Brown contends, however, the reasoning of the Supreme Court of the United States in Riley v. California , 573 U.S. ----, 134 S.Ct. 2473 , 189 L.Ed. 2d 430 (2014), fundamentally alters the abandonment analysis when the property in question is the digital information stored on a cell phone. | 1 | 2018–2018 |
Fernandez v. State
green
2 sentences1995Fernandez v. State, 306 S.C. 264 , 411 S.E. (2d) 426 (1991). 1995Fernandez v. State, 306 S.C. 264 , 411 S.E. (2d) 426 (1991). | 1 | 1995–1995 |
In Interest of KK
green
1 sentence1992In The Interest of KK, 162 Wis. (2d) 431, 469 N.W. (2d) 881 (1991). | 1 | 1992–1992 |
Odom v. County of Florence
green
2 sentences1985See, Murphy v. Hagan , 275 S.C. 334 , 271 S.E. (2d) 311 (1980) (failure to present an issue to the trial court precludes its consideration on appeal); Diamond v. Powell , 271 S.C. 183 , 246 S.E. (2d) 233 (1978) (failure to argue an exception in a brief amounts to an abandonment of the exception); Odom v. County of Florence , 258 S.C. 480 , 189 S.E. (2d) 293 (1972) (In the *299 absence of a proper exception there is nothing for an appellate court to review). 1985See, Murphy v. Hagan , 275 S.C. 334 , 271 S.E. (2d) 311 (1980) (failure to present an issue to the trial court precludes its consideration on appeal); Diamond v. Powell , 271 S.C. 183 , 246 S.E. (2d) 233 (1978) (failure to argue an exception in a brief amounts to an abandonment of the exception); Odom v. County of Florence , 258 S.C. 480 , 189 S.E. (2d) 293 (1972) (In the *299 absence of a proper exception there is nothing for an appellate court to review). | 1 | 1985–1985 |
Diamond v. Powell
neutral
2 sentences1985See, Murphy v. Hagan , 275 S.C. 334 , 271 S.E. (2d) 311 (1980) (failure to present an issue to the trial court precludes its consideration on appeal); Diamond v. Powell , 271 S.C. 183 , 246 S.E. (2d) 233 (1978) (failure to argue an exception in a brief amounts to an abandonment of the exception); Odom v. County of Florence , 258 S.C. 480 , 189 S.E. (2d) 293 (1972) (In the *299 absence of a proper exception there is nothing for an appellate court to review). 1985See, Murphy v. Hagan , 275 S.C. 334 , 271 S.E. (2d) 311 (1980) (failure to present an issue to the trial court precludes its consideration on appeal); Diamond v. Powell , 271 S.C. 183 , 246 S.E. (2d) 233 (1978) (failure to argue an exception in a brief amounts to an abandonment of the exception); Odom v. County of Florence , 258 S.C. 480 , 189 S.E. (2d) 293 (1972) (In the *299 absence of a proper exception there is nothing for an appellate court to review). | 1 | 1985–1985 |
State v. Schweitzer
green
2 sentences1926State v. Schweitzer , 57 Conn., 532 ; 18 A., 787 ; 6 L.R.A., 125 . 1926State v. Schweitzer , 57 Conn., 532 ; 18 A., 787 ; 6 L.R.A., 125 . | 1 | 1926–1926 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.