The Problem of Evil and Free Will

SHERRY F. COLB

Cornell law professor Sherry F. Colb reflects on why, if God is all-knowing, all-powerful, and benevolent, there is still evil in the world. Colb argues that one common answer—free will—does not truly resolve that question.

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South Carolina v. Glenn

Docket: 27935

Opinion Date: December 18, 2019

Judge: Kaye Gorenflo Hearn

Areas of Law: Constitutional Law, Criminal Law

On the evening of April 12, 2013, Petitioner Marquez Glenn was invited to the Spring Grove apartment complex in Taylors, South Carolina by tenants Shelricka Duncan and Kiana Grayson. Once there, Glenn drove one of Shelricka's friends to the store in her car, since she had been drinking and he had not. While Glenn was at the store, Kevin Bruster showed up at the apartment uninvited, heavily intoxicated, forcing his way into the apartment, yelling that he was going to kill one of the residents. When Shelricka attempted to stop him, he hit her, and threatened others with a concealed razor blade. Once outside, Kevin ran off, going to another apartment in the complex where his nephew, Elfonso Bruster, was visiting family. Around the same time, Glenn returned to the complex, but Kiana waived him over to her apartment to warn him of what had happened in his absence. Glenn was approached by the police who reported to the scene as a result of Kevin's altercation. While Glenn was speaking with the officers, he noticed Kevin and Elfonso lurking in the shadows of a nearby apartment building. Glenn retrieved his belongings from Kiana's apartment to depart from Spring Grove. While walking to his car, Kevin and Elfonso abruptly approached him, blocking his way. Words were exchanged, and Kevin struck Glenn in the throat/neck, splashing an alcoholic drink he was carrying into Glenn's eyes. As he wiped the alcohol from his eyes and his vision cleared, Glenn saw Elfonso pulling something from his waistband and heard a female yell "GUN!" At that moment, Glenn pulled out a handgun concealed in his pants pocket and fired three shots in Elfonso's direction. The shots rendered Elfonso paralyzed from the waist down. After the shooting, Glenn got in the car, pulled up to a nearby officer, and told him that he had just been in an altercation with two guys and that Elfonso was bleeding and needed help. Glenn was charged with attempted murder and possession of a weapon during a violent crime. He filed a pretrial motion for statutory immunity under the Protection of Persons and Property Act, which the circuit court denied, and the court of appeals affirmed. After review of the trial court record, the South Carolina Supreme Court determined the circuit court erred in failing to consider the elements of the common law of self-defense and denying Glenn immunity solely on the basis that he did not have a right to be where he was when he was attacked. The matter was remanded for a new immunity hearing.

Winrose Homeowners' Association v. Hale

Docket: 27934

Opinion Date: December 18, 2019

Judge: John W. Kittredge

Areas of Law: Real Estate & Property Law

Homeowners Devery and Tina Hale purchased their home (the Property) twenty-one years ago and made timely mortgage payments ever since, accruing over $60,000 in equity in the Property, which had a fair market value of $128,000. However, after failing to pay $250 in homeowners' association dues to Winrose Homeowners' Association, Inc. (the HOA), the HOA foreclosed on the Property, and a third-party purchaser, Regime Solutions, LLC (Regime), bought it for a pittance. The Hales challenged the judicial sale, arguing the winning bid price of approximately $3,000 was grossly inadequate compared to the value of the Property. The South Carolina Supreme Court found there were two methods used to determine whether a winning bid at a foreclosure is grossly inadequate. While it did not draw a bright-line rule requiring the use of one method over the other, here, Regime took no affirmative steps to assume the Hales' mortgage. As a result, in determining whether the purchase price was grossly inadequate, the Supreme Court found it would be wholly inappropriate to add the value of the mortgage to Regime's winning bid. "When the value of the mortgage is not added to Regime's winning bid, the bid shocks the conscience of the court." The Supreme Court therefore reversed the judicial sale and remanded to the master-in-equity.