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Supreme Court Published Opinions - February 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.

2-3-2003 - Opinions

25589 - In the Matter of Westmoreland

This opinion publicly reprimands James Ray Westmoreland for representing clients with conflicting interests.

25590 - Hooks v. State

Post-Conviction Relief case involving the sufficiency of a murder indictment and whether Petitioner waived his right to object to the indictment's sufficiency.

25591 - State v. Shuler

This appeal addresses an evidentiary ruling and comments made by the solicitor during his closing argument of the sentencing phase of a death penalty trial.

25592 - Hawkins v. Bruno Yacht Sales

This is an action to set aside the delinquent tax sale of Respondent's sailboat to Petitioner.

2-3-2003 - Orders

ORDER - Rule 402, SCACR, Amendment

This order amends Rule 402, SCACR, to increase the number of members of the Board of Law Examiners to seven, to add associate members to the Board, and to specify the duties of members and associate members.
2-10-2003 - Opinions

25593 - State v. Floyd

Dismissing juror over appellants' objections because the juror declined to take a religious oath is reversible error.

25594 - In the Matter of Crosland

In this opinion, the Court suspended David B. Crosland, III, for three years and disbarred him, the sanctions to run concurrently, based on his receipt of the same sanctions in North Carolina.

2-18-2003 - Opinions

25595 - State v. Haselden

Reversal of death sentence based upon failure to instruct jury regarding defendant's ineligibility for parole, and admission of improper autopsy photograph of victim.

2-18-2003 - Orders

ORDER - In the Matter of John Earl Duncan

This order reinstates John Earl (Jack) Duncan to the practice of law in South Carolina.
2-24-2003 - Opinions

25596 - In the Matter of the Care and Treatment of Corley

This is an appeal from a commitment pursuant to the S.C. Sexually Violent Predator Act involving the issue of admission of criminal indictments.

25597 - State v. McKnight

Issue is whether the state may appeal the grant of a directed verdict in the defendant's favor, even when it is alleged the grant was based upon a legal error.

25598 - Riggs v. Riggs

This domestic case determines that child support may be ordered for an unemancipated disabled adult child where the disability arose before majority.

25599 - Russell v. Wachovia

The trial judge did not err in granting summary judgment because no issue of material fact existed concerning the existence of undue influence over the Testator in the execution of his will or trusts. Also, North Carolina law governed the validity vel non of the trust documents.

25600 - State v. Gibbs

An appeal bond is required in order to stay the sentence anytime a person recieves a sentence of confinement.

2-24-2003 - Orders

ORDER - In the Matter of Will T. Dunn, Jr.

This order places Will T. Dunn, Jr. on interim suspension after he was charged with kidnaping, first degree criminal sexual conduct, possession of methamphetamine with intent to distribute, and simple possession of marijuana.
ORDER - Relaxation of Rule 238(c), SCACR, for State Agencies