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Court of Appeals Published Opinions - November 2002

Note: Beginning in June 2012, opinions will be posted as Adobe PDFs. You can download a free copy of Adobe Reader here.

The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.

11-4-2002 - Opinions

3562 - Heyward v. Christmas

Esau Heyward was accidentally shot by South Carolina Highway Patrolman Heyward Christmas during an arrest of Heyward by Christmas. Two issues were resolved by the court, i.e., (1) whether the conduct of South Carolina Highway Patrolman Christmas was objectively reasonable under an analysis pursuant to 42 U.S.C. section 1983; and (2) whether South Carolina Highway Patrolman Christmas was entitled to qualified immunity under the defense of qualified immunity as articulated by Saucier v. Katz, a United States Supreme Court opinion.

11-12-2002 - Opinions

3563 - State v. Missouri

The gravamen of this case involves an analysis of "standing" under the Fourth Amendment. The "standing" issue is analyzed under a reasonable expectation of privacy. The court held that Missouri had no reasonable expectation of privacy. Concomitantly, he did not have standing to assert a violation of the Fourth Amendment.

3564 - Daisy Outdoor Advertising Company, Inc. v. S.C. Department of Transportation

This administrative appeal involves Daisy Outdoor Advertising's challenge of the South Carolina Department of Transportation's revocation of its permits for outdoor advertising signs.

3565 - Clark v. S.C. Department of Public Safety

Ronald Clark brought this tort action after his daughter was fatally injured by a motorist fleeing from a police pursuit, alleging SCDPS failed to properly supervise the pursuit and to terminate it before the fatal accident. SCDPS appeals a verdict for Clark.

3566 - State v. Maybank

This case involves the Fourth Amendment's protection with respect to the interference of an owner's possessory interest in a vehicle subject to a temporary traffic stop.

3567 - State v. Smith

Reversing conviction for 2nd degree lynching where State failed to show defendant and co-defendants assembled for the purpose of committed an act of violence against the victim.

11-18-2002 - Opinions

3568 - Hopkins v. Harrell

Fred T. Hopkins appeals a circuit court order dismissing this action based on his alleged failure to mediate the matter as required by a prior court order.

3569 - City of Landrum v. Sarratt

This action concerns the fighting words doctrine of the First Amendment as applied to a public disorderly conduct statute.

11-25-2002 - Opinions

3570 - SCDSS v. Meek

This case involves the subject matter jurisdiction of the family court in an emergency protective custody case and the due process rights of the mother in custody proceedings.

3571 - Pitts v. Jackson National

In this case arising out of the sale of life insurance, the insurer owed no fiduciary duty to the insurance applicant.

3572 - State v. Simmons

This criminal appeal alleges error in the trial judge's denying appellant's motion to sever, denying appellant's motion for a mistrial, and admitting prior burglary and house-breaking convictions.

3573 - Gallagher v. Evert

The central issue in this case is whether the estate of a surviving spouse who had filed her elective share claim may receive that share when the surviving spouse dies before the determination of her elective share.