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Supreme Court Published Opinions - April 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.

4-1-2002 - Opinions

25433 - Legge v. State

This post-conviction relief action involves the issue of whether the PCR court erred by finding petitioner received ineffective assistance of appellate counsel.

25435 - Quality Trailer Products v. CSL

Trial motions are construed according to their content, despite how they are captioned. Successive motions for JNOV, new trial do not toll time for serving notice of intent to appeal.

25436 - State v. White

First Degree Burglary Case. Defendant claims life imprisonment without parole for first degree burglary is cruel and unusual punishment under circumstances, and contends law of second and third degree burglary should have been charged.

4-8-2002 - Opinions

25437 - Harris v. State

This PCR case holds conspiracy to traffick is properly classified as a violent offense.

25438 - In the Matter of K. Douglas Thornton

Attorney disciplinary matter in which respondent admitted misconduct and consented to a definite suspension of nine months from the date of the opinion.

25439 - In the Matter of Larry S. Drayton

Definite suspension from the practice of law for ninety (90) days.

25440 - In the Matter of J. Stephen McCormack

Attorney disciplinary matter in which respondent admitted misconduct and consented to disbarment from the practice of law in this state.

25441 - In the Matter of Gregory A. Newell

Attorney admits to misconduct and consents to a definite suspension of nine months.

25442 - State v. Walker

Court grants defendant directed verdict on charge of cultivating marijuana on the land of another. Criminal statutes are strictly construed against State; court declines to equate "harvesting" with "cultivating".

25443 - Jackson V. State

Participation in the Community Supervision Program is not a collateral consequence of sentencing and therefore trial counsel was not ineffective in failing to discuss Program with petitioner prior to the plea.

4-15-2002 - Opinions

25444 - Parker v. Shecut

Court finds ouster where cotenant in possession changed locks on door and denied other cotenant use of property.

4-18-2002 - Opinions

25451 - Condon v. Hodges

This case in the Court's original jurisdiction raises the questions of whether the attorney general has the authority to bring a civil action against the governor; whether a separation of powers violation has occurred; and whether the governor is required to send a balanced budget to the General Assembly.

4-22-2002 - Opinions

25446 - Jinks v. Richland County

This case concerns the constitutionality of 28 U.S.C. § 1367(d).

25447 - Wertz v. State

This PCR action involves the issue of whether trial counsel was ineffective for failing to have the jury's verdict clarified with respect to the degree of the burglary conviction.

25448 - In the Matter of Curlin

Opinion disbarring Theron James Curlin.

25449 - In the Matter of Wyman

Opinion disbarring Michael G. Wyman.

25450 - In the Matter of Wooden

Attorney admitted to misconduct and was disbarred.

25452 - In the Matter of Gibbs

Opinion disbarring M. Eugene Gibbs

25453 - Dunes West v. Georgia-Pacific

Answering certified question from United States District Court: Developer of planned unit development owes a duty to the property owners’ association to transfer common areas that are in good repair, or to provide the property owners’ association with necessary funds to bring the common areas up to a standard of reasonably good repair.

4-29-2002 - Opinions

25454 - Faulkenberry v. Norfolk Southern

Issue is whether railroad acquired a fee simple determinable under 1845 grant via which it obtained land for its railroad tracks.

25455 - State v. Wright

Issue is whether the aggravating circumstance of a

25456 - State v. Mizell

Defendant's 6th Amendment Right to Confront a co-conspirator/witness against him.

25457 - Williams, et al. v. Wilson, et al.

This case is a church dispute involving the church's form of governance.