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Supreme Court Published Opinions - June 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.

6-2-2003 - Opinions

25657 - Tucker v. Pee Dee Electric Cooperative

Concerned with interlocutory appeal and provides guidelines for trial judges when contemplating objections during discovery based on attorney-client privilege.

25658 - Cohen v. State

This post-conviction relief case involves the issue of whether the plea court had subject matter jurisdiction to accept respondent's guilty plea to second degree criminal sexual conduct with a minor.

25659 - In the Matter of William O. Key, Jr.

This opinion publicly reprimands William O. Key, Jr. for his misconduct in two real estate matters.

25660 - In the Matter of Francis A. Humphries, Jr.,

In this opinion, the Court suspended Francis A. Humphries, Jr. from the practice of law for one year, with credit for time spent on interim suspension, for failing to timely disclose to defense counsel the existence of a taped conversation between a defendant and his counsel.

6-2-2003 - Orders

ORDER - Rule 403, SCACR

This order amends Rule 403, SCACR, to reduce the number of trial experiences required when an applicant has served as a law clerk for a Federal Bankruptcy Judge in South Carolina.
6-9-2003 - Opinions

25661 - State v. Evans

"This Court holds that Petitioner's inculpatory statement should have been suppressed because her statement was made in a custodial interrogation setting before she had been apprised of her Miranda rights."

25662 - Brown v. Bi-Lo

Employee’s counsel to cease and desist from Whether the Workers' Compensation Commission may issue an order limiting contact between an employer’s representatives and an employee’s health care providers?

25663 - SC Coastal Conservation League v. DHEC

The Court reversed the Court of Appeals, holding that OCRM was authorized to isuue groin permits under the pre-March 2002 version of the Beachfront Management Act.

6-12-2003 - Opinions

25637 - State v. Taylor

Petitioner, Theryl Avery Taylor, petitioned this Court to review the Court of Appeals’ decision affirming his conviction for murder on grounds that the trial court erred in charging mutual combat to the jury.

25664 - Vora v. Lexington Medical Center

Hospital suspended physician's medical privileges. Issue on appeal is whether physician's due process rights were violated and whether evidence supported Hospital's decision.

25665 - SCDSS v. Headden

The family court terminated the parental rights of Mother and Father to their daughter. Mother appealed the termination of her rights and this Court affirms.

25666 - State v. Foster

This case involves the issue of whether the admission of a prior consistent statement was proper.

6-16-2003 - Orders

ORDER - Amendment to Rule 402, SCACR, The Chief Justice's Commission on the Profession

This Order amends Rule 420 to allow the Chief Justice to appoint more than 2 additional judges to the Chief Justice's Commission on the Profession
6-23-2003 - Opinions

25667 - State v. Knuckles

Whether an indictment for DUI must allege defendant's faculties were "materially and appreciably impaired."

25668 - Williams v. State

This post-conviction relief case involves the issuance of an order prohibiting further PCR filings without a filing fee.

6-30-2003 - Opinions

25669 - State v. Lindsey

Death penalty case reversing for resentencing on basis that defendant's 1976 rape conviction was improperly used to enhance his sentence for the current crime to life without parole under the Two-Strikes law. Also ruling evidence supported finding of aggravated force to support first degree CSC charge.

25670 - Ex Parte: Condon v. State

Attorney General Condon filed an objection to the circuit court’s award of attorneys’ fees to counsel for Respondents who filed a class action suit on behalf of C. Bruce Littlejohn and those similarly situated against the State of South Carolina and the Department of Revenue.

25671 - In the Matter of Former Greenville County Magistrate Michael B. Abraham

In this opinion, Former Greenville County Magistrate Michael B. Abraham received a public reprimand, the most severe sanction that could be imposed, for improper use of the internet.

25672 - Moultrie v. State

In this PCR action, the Court reverses the grant of relief where a lesser included offense was submitted to the jury and counsel failed to request a King charge.

6-30-2003 - Orders

ORDER - Rule 608, SCACR

The effect of the amendment is to move court appointments in post-conviction relief matters from the criminal appointment list to the civil appointment list. It also increases the maximum number of appointments from 8 per year to 10 per year. A member will be subject to no more than 10 appointments each year.