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Supreme Court Published Opinions - May 2001

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.

5-14-2001 - Opinions

25288 - In the Matter of Herman L. Moore

Attorney is indefinitely suspended for neglect, failure to pay fee dispute awards, failure to pay family court support obligations resulting in contempt citations, failure to maintain escrow account records, practicing law under suspension, and practicing law without complying with Rule 403, SCACR.

25289 - Blair v. City of Manning

Election contest- issue is circuit court's scope of review of decisions of municipal election commission

25290 - Edge v. State Farm Insurance Company

This is a civil case raising the issue of whether a person, who claims her insurer assessed unauthorized surcharge points, must exhaust her administrative remedies available under S.C. Reg. Section 69-13.1 (IV) and S.C. Code Ann. Section 38-3-210 before filing a civil action.

5-15-2001 - Opinions

25292 - S.C. Pipeline v. Lone Star Steel

(Answering certified question from Federal District Court) Court holds underground gas transmission line is an improvement to real property for purposes of statute of repose (S.C. Code Ann. § 15-3-640).

5-21-2001 - Opinions

25293 - Quality Towing, Inc. v. City of Myrtle Beach

This case concerns a municipality's contract for towing services. The issues involve whether the municipality violated the Freedom of Information Act when awarding the contract, and whether the contract amounted to a franchise.

25294 - State v. Sullivan

Conviction for unlawful possession of a pistol by a person under the age of twenty-one reversed because of refusal to charge defenses of habitation, duress, and self-defense.

5-22-2001 - Opinions

25133 - Kennedy v. S.C. Retirement System

This case, which was heard on rehearing, involves a suit by four retired state employees who claim their retirement benefits were miscalculated by the South Carolina Retirement System and the State Budget and Control Board ("the Retirement System"). The trial court ruled in favor of the Retirement System and the Court affirmed.

5-29-2001 - Opinions

25295 - Kerr v. State

This is an appeal in a post-conviction relief matter which involves issues of jurisdiction and whether the applicant's parole was unlawfully terminated.

25296 - State v. Ellis

Murder conviction reversed and remanded for new trial because a non-expert was allowed to give an opinion reconstructing the crime scene. Further, a juvenile adjudication does not qualify as a prior conviction for purposes of the recidivist statute, S.C. Code Ann. § 17-25-45.

25297 - State v. Harvin

This criminal case discusses suppression in a conflict of laws context.

25298 - State v. Stokes

Death Penalty case- primary issues involve redaction of defendant's statement to police, and limitation of right to make religious argument to jury.

5-29-2001 - Orders

ORDER - Amendments to the South Carolina Appellate Court Rules, the South Carolina Rules of Civil Procedure, the Circuit Court Alternative Dispute Resolution Rules, and the Family Court Mediation Rules