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South Carolina
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Supreme Court Published Opinions - August 2015

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.

8-5-2015 - Opinions

27554 - State v. Gordon

We granted certiorari to review the Court of Appeals decision that found the motorist's head must be visible in the recording of a HGN test. We affirm as modified and reinstate Gordon's DUI conviction.

27555 - Regions Bank v. Strawn

We granted a writ of certiorari to review the Court of Appeals opinion. We affirm as the law required Regions Bank to satisfy the mortgage as requested.

27556 - Brown v. Dick Smith Nissan

The Court reverses Brown v. Dick Smith Nissan, Inc., Op. No. 2012-UP-688 (S.C. Ct. App. filed Dec. 28, 2012), and reinstates the trial judge's decision that the motor vehicle dealer violated the South Carolina Dealers Act.

27557 - Chestnut v. AVX Corporation

The Court affirms the circuit court's dismissal of Appellants' nuisance and strict liability claims relating to their real property located in proximity to a contaminated site but reverse and the dismissal of their negligence claim.

27558 - State v. Anderson

The Court upheld the constitutionality of S.C. Code Ann. ยง 17-23-175 which had been challenged on Confrontation Clause grounds, but reversed appellant's conviction based upon the qualification and testimony of a forensic interviewer. The Court also placed limits on the acceptable scope of a forensic interviewer's testimony before a jury.

8-12-2015 - Opinions

27559 - In the Matter of Robert Andrew Hedesh

In this opinion, the Court suspends Robert Andrew Hedesh for ninety days for misconduct involving real estate closings.

27560 - State v. Haygood

The Court vacated the Court of Appeals' opinion to the extent it addressed whether the victim's statements violated the Confrontation Clause, and remanded for a new trial.

27561 - Sims v. Amisub of SC

The Court affirms the court of appeals decision in Sims v. Amisub of South Carolina, Inc., 408 S.C. 202, 758 S.E.2d 187 (Ct. App. 2014).

27562 - State v. Larmand

The Court reverses the court of appeals' decision in State v. Larmand, 402 S.C. 184, 739 S.E.2d 898 (Ct. App. 2013), and finds that the State presented sufficient circumstantial evidence to overcome the defendant's motion for a directed verdict.

27563 - Columbia Venture v. Richland County

In this direct appeal, the Court affirms the Special Referee's findings that no taking occurred.

8-19-2015 - Opinions

27564 - State v. Harris

Petitioner was convicted of criminal soliciation with a minor. We affirm the Court of Appeals' decision affirming the trial court's denial of petitioner's directed verdict motion.

27565 - State v. Johnson

The Court reversed the court of appeals and held that the trial judge's credibility determination precluded a finding that Respondent unequivocally invoked her right to counsel during custodial interrogation.

8-26-2015 - Opinions

27566 - In the Matter of Thomas Ryan Phillips

This is a disciplinary opinion in which the Court publicly reprimands a lawyer.

27567 - McKinney v. Pedery

The Court reverses the court of appeals' decision affirming the family court's termination of Respondent Bonnie L. McKinney's alimony obligation to Respondent Frank J. Pedery and the family court's failure to award Pedery attorney's fees, and remands for the family court to determine McKinney's alimony obligation and Pedery's entitlement to attorney's fees.