Legal Opinion · Concurring in part, dissenting in part

Rogers v. South Carolina Department of Parole & Community Corrections

Supreme Court of South Carolina

Decided November 27, 1995No. 24350Published

1Concurring in part, dissenting in partAlexander S. Macaulay, Acting Associate Justice

I concur with Justice Toal, and respectfully dissent. Inasmuch as there is “a duty to warn . . . when a person being released from custody has made a specific threat of harm directed at a specific individual,” as held by the majority, I agree that there was sufficient evidence to submit the case to the jury.

*259This was not a case where the victim was not known to the perpetrator, Sharpe v. S.C. Dept. of Mental Health, 292 S.C. 11, 354 S.E. (2d) 78 (Ct. App. 1987). In this case there was evidence that Vandroff had made specific threats of harm against Doris, housebreaking and larceny of her home,…

2Cases cited4 opinions

  1. Rayfield Ex Rel. Estate of Rayfield v. South Carolina Department of CorrectionsCourt of Appeals of South Carolina · 1988
  2. State v. BrooksSupreme Court of South Carolina · 1981
  3. State v. MillerSupreme Court of South Carolina · 1954
  4. Rogers Ex Rel. Estate Harrison v. South Carolina Department of Mental HealthCourt of Appeals of South Carolina · 1989

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