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Supreme Court Published Opinions - January 2003

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.

1-13-2003 - Opinions

25573 - Coats v. State

This case involves the issue of whether the post-conviction relief court erred by finding petitioner's claim should be determined by the Department of Corrections under Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000).

25574 - Bowen v. Bowen

This case involves the issue of whether the presumption of a resulting trust should be applied to the acquisition of land where Husband and Wife agreed in their antenuptial agreement to be treated as unmarried persons in the eyes of the law.

25575 - Cunningham v. Helping Hands

This case involves the issue of whether Helping Hands was entitled to summary judgment based upon Cunningham's assumption of the risk under pre-Davenport common law.

25576 - McLaughlin v. State

This post-conviction case involves the following issues: (1) whether the PCR court erred by finding the applicant was incompetent to stand trial; (2) whether the PCR court erred by finding counsel ineffective for: (a) failing to preserve for appeal the trial court's refusal to allow trial counsel to cross-examine the SLED chemist regarding his drug use and arrest, (b) failing to preserve for appeal a Doyle violation, (c) failing to properly object to the dismissal of a juror and the possible tainting of the jury due to comments by the dismissed juror.

25577 - Austin v. State

Issue is whether the family court had authority to transfer charge of possession of a weapon during the commission of a violent crime to circuit court where the defendant was fifteen years old at the time of the crimes to which he pled guilty.

25578 - Moore v. Fairfield Real Estate

This case involves a dispute over the results of a mortgage foreclosure sale. The Court reversed the Court of Appeals' opinion in Ex parte Moore, 346 S.C. 247, 550 S.E.2d 877 (Ct. App. 2001) and accepted the parties' settlement agreement, except for the parties' request to vacate the Court of Appeals' opinion.

25579 - German Evangelical v. City of Charleston

Issue is whether the City of Charleston may impose an assessment on Church’s tax-exempt properties pursuant to the Municipal Improvement Act.

25580 - In the Matter of Stephen M. Pstrak,

This opinion suspends Stephen Pstrak for eight months for misrepresenting his credentials in an effort to influence officials to give his clients favorable treatment.

25581 - Furtick v. South Carolina Department of Probation

In this case, the Court considered whether the Administrative Law Judge's Division had jurisdiction to review the final decision of the Department of Probation, Parole and Pardon Services that Respondent is not eligible for parole by operation of S.C. Code Ann. § 24-21-640?

25582 - Burnett v. State

In this case, the Court reviewed the PCR courts grant of relief and reversed, finding that Burnett had failed to show his guilty plea was involuntary.

1-13-2003 - Orders

ORDER - In the Matter of James Graham Bennett, Respondent

Respondent reinstated to the practice of law.
ORDER - In the Matter of Matthew Edward Davis
Respondent reinstated to the practice of law.
1-27-2003 - Opinions

25583 - Beaufort County v. Lighthouse Charter School

This case discusses a constitutional challenge to the racial composition requirement in the Charter Schools Act.

25584 - Greenville County v. Kenwood

This is an appeal from summary judgment in favor of Greenville County regarding enforcement of the County’s ordinance regulating the location of sexually oriented businesses.

25585 - State v. McKnight

Prosecution for homicide by child abuse where McKnight's ingestion of crack cocaine resulted in the stillborn birth of her baby. McKnight raises several issues concerning the sufficiency of the evidence, the applicability of the homicide by abuse statute to her conduct, and constitutional issues (i.e., equal protection, privacy, due process, cruel and unusual punishment) concerning application of the statute to her.

25586 - Bakala v. Bakala

This domestic case discusses issues involving transnational marital litigation and preservation rules for appeal.

25587 - Gardner v. SCDREV

This appeal concerns various issues addressing the 1995 Setoff Debt Collection Act.

25588 - Green v. State

In this opinion, the Court holds that the statute of limitations for post-conviction relief actions, set forth in S.C. Code Ann. §17-27-45, is not tolled during the pendency of federal habeas corpus proceedings.

1-27-2003 - Orders

ORDER - State v. Weik

Following the grant of appellant's petition for rehearing in this death penalty case, the Court adhered to its earlier decision.
ORDER - In the Matter of Charles G. Vaughan
This order transfers Charles G. Vaughan from incapacity inactive status to active status.