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Supreme Court Published Opinions - May 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.

5-6-2002 - Opinions

25458 - Lanham v. Blue Cross

Primary issue is whether Lanham made a false representation with the actual intent to deceive on health insurance application; also, issue of whether trial court erred in granting summary judgment prior to ruling on motion to compel.

25459 - State v. Thompson

This is a direct appeal challenging the constitutionality of statutes which outlaw trapping beaver out of season without a permit.

25460 - Green v. Maynard

This is a death penalty habeas case challenging the application of a new rule on direct appeal.

25461 - State v. Timmons

Possession of cocaine is a lesser included offense of possession of crack cocaine.

25462 - Riverwoods v. Charleston County

This is a direct appeal challenging a Charleston County ordinance which enacts a property tax exemption.

25463 - State v. Watson

Reckless homicide is not a lesser included offense of murder.

25464 - S.C. Farm Bureau Mutual Insurance Company v. Courtney

This auto insurance case determines the validity of an automatic termination clause.

5-20-2002 - Opinions

25465 - Antley v. Shepard

The Court of Appeals' decision holding the county assessor had not shown that her termination violated public policy is affirmed.

25466 - St. Andrews Public Service District v. City Council of the City of Charleston

Only parties authorized by the annexation statute, or the State through a quo warranto suit, having standing to challenge a municipal annexation.

25467 - Nelson v. Yellow Cab Company

Issue is whether taxi cab driver who was murdered while on duty was an employee or an independent contractor.

25468 - Minnich v. Med-Waste, Inc.

Answering certified question from Federal District Court, Supreme Court declines to adopt Firefighter's Rule as a defense to negligence action brought by police officer.

25469 - State v. Gaster

This appeal involves the following issues: (1) whether the Sexually Violent Predator Act violates the ex post facto, due process, and double jeopardy clauses of the United States and South Carolina Constitutions; (2) whether appellant was properly found to be a sexually violent predator; and (3) whether the trial court violated appellant's right to due process by allowing the use of a motion appellant filed challenging the constitutionality of the age of sexual consent to prove appellant's need for treatment.

25470 - Ferguson v. Charleston Lincoln Mercury, Inc.

This case addresses whether the survivability statute applies to fraud and deceit actions brought under the Dealers Act.

25471 - State v. Primus

The issues in this appeal concern whether ABHAN is a lesser included offense of 1st degree CSC and the propriety of the solicitor's closing argument.

5-28-2002 - Opinions

25472 - Loadholt v. S.C. Budget and Control Board

Certiorari to the Court of Appeals decision in Loadholt v. South Carolina Budget and Control Bd., 339 S.C. 165, 528 S.E.2d 670 (Ct. App. 2000) dismissed as improvidently granted.

25473 - Morris v. Anderson Co.

Summary judgment was properly granted to the governmental defendants because no “special duty”to these plaintiffs is created by S.C. Code Ann. §§44-17-430 et seq.

25474 - Johnson v. Collins

This opinion answers certified questions from the United States District Court for the District of South Carolina involving interpretation of the South Carolina Code, inlcuding section 12-21-2804(B), sections 32-1-10 and 32-1-20, and section 39-5-10 et seq.