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Supreme Court Published Opinions - July 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.

7-1-2002 - Opinions

25434 - Faile v. SCDJJ

Lawsuit under S.C. Tort Claims act involving issues of immunity and duty to control.

25489 - In the Matter of Greer

Opinion suspending Samuel Pardue Greer for 12 months for failing to timely file suit in number of cases, failing to comply with discovery order, failing to timely prepare an order and failing to adequtely communicate with client.

25490 - Odom v. State

This PCR case holds an oral waiver of presentment is insufficient to bestow subject matter jurisdiction in the circuit court.

25491 - Harvey v. Strickland

Issue is whether trial court properly granted directed verdicts against Harvey, a Jehovah's Witness, on his causes of action arising out of his unwanted receipt of a blood transfusion.

25492 - Richardson v. Town of Mt. Pleasant

A municipal police officer is not a constable within the meaning of the South Carolina Constitution's dual office holding provisions. The exclusion of municipal police officers from the provisions' exemptions does not violate equal protection.

7-15-2002 - Opinions

25493 - Bower v. National General

Insurance case-- Issue is whether insurer made a meaningful offer of underinsured motorist coverage.

25494 - State v. Stone

Capital case reversing sentencing portion for removal of a juror during sentencing, improper charge on statutory mitigating circumstances, and failing to charge parole ineligibility.

25495 - McClanahan v. Richland Co.

25496 - Sabb v. S.C. State University

This appeal involves the following issues: (1) whether the exclusivity provision of the Workers' Compensation Act is procedural or whether it involves subject matter jurisdiction; (2) whether the trial court should have granted the motion for a directed verdict and/or a judgment notwithstanding the verdict; and (3) whether the trial court erred by allowing certain evidence.

25497 - In the Matter of Gilchrist

Disciplinary opinion conferring a definite suspension of eighteen months from the practice of law.

7-22-2002 - Opinions

25498 - F & D Electrical Contractors, Inc. v. Powder Coaters, Inc.

This case addresses the consent required by the Mechanic's Lien Statute in order for a landlord / owner to be liable to a materialman for work ordered by a tenant.

25499 - Hill v. State

In this PCR, the Court found counsel's failure to object to an erroneous ABHAN charge to be harmless error.

25500 - Fleming v. Rose

This case addresses the actual malice element and the clear and convincing standard of proof in a defamation claim.

25501 - Norton v. Norfolk Southern Railway Co.

This case analyzes the differences between the state-law thirteenth juror standard for a new trial and federal standard for a new trial.

25502 - R & G Construction v. Lowcountry Regional Transportation Authority

This case addresses the doctrine of apparent authority.

25503 - In the Matter of Clair Luckabaugh

Addressing the adequacy of a court order and the constitutionality of the Sexually Violent Predator Act.

25504 - In the Matter of Paul Newman Allen

This case addresses whether the Sexually Violent Predator Act violates Constitutional prohibitions against Double Jeopardy and Ex Post Facto laws.

25505 - In the Matter of Terry A. Trexler

This opinion disbars Terry A. Trexler for engaging in a pattern of misconduct including failing to provide competent representation, failing to act with reasonable diligence in representing clients, failing to respond to Disciplinary Counsel, and failing to safeguard client funds.

7-29-2002 - Opinions

25506 - In the Matter of Smith

Attempted possession of powder cocaine is a serious crime. Attorney receives eighteen month retroactivesuspension for this conviction and one count of practicing law under suspension, concurrent to a six month suspension for multiple counts of practicing under suspension.

25507 - State v. Passaro

Concerning whether an individual who pled guilty to capital murder may waive his right to appeal of his death sentence.