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Supreme Court Published Opinions - August 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.

8-4-2003 - Opinions

25689 - Sloan v. SC Department of Public Safety

This case addresses whether the purchase/sale of information and images on driver's licenses and state issued identification cards, as authorized by the General Assembly, constitutes the tort of misappropriation of personality.

8-4-2003 - Orders

ORDER - In the Matter of Maria Reichmanis

This Order vacates the interim suspension that this Court placed on Ms. Reichmanis and changes her status to incapacity inactive based on the severity of her documented medical condition.
ORDER - Breeden v. TCW, Inc.
This order makes minor changes to clarify the wording in the opinion. It also denies the petition for rehearing.
8-11-2003 - Opinions

25690 - Jinks v. Richland County

This opinion addresses whether the trial judge erred by denying a motion for a directed verdict and judgment notwithstanding the verdict on the issue of gross negligence and proximate cause. Additionally, it addresses a claim of collateral estoppel.

25691 - Huggins v. Citibank

This opinion addresses whether the Court recognizes a cause of action for negligent enablement of imposter fraud.

25692 - Sprouse v. State

In this PCR case, Petitioner contended that his guilty pleas were involuntary because the State failed to honor the plea agreement it made with him.

25693 - Todd v. State

This Court affirms the post-conviction relief judge's holding that the trial judge’s reasonable doubt charge was constitutional.

25694 - State v. Taylor

This case construes § 56-1-515(1), which makes it unlawful to issue a fictitious driver's license, as applied to a DMV employee.

25695 - Hardee v. Hardee

This is a divorce case. The primary issue is whether a prenuptial agreement purporting to waive Wife's right to alimony, support, and attorney’s fees are unconscionable or contrary to public policy.

25696 - In the Interest of Ronnie A.

This case involves a constitutional challenge to the sex offender registery as applied to juveniles.

25697 - Tilley v. Pacesetter Corporation

The trial court granted summary judgment in favor of plaintiffs based on Pacesetter Corporation's failure to comply with the attorney and insurance agent preference provisions of the South Carolina Consumer Protection Code. This Court affirmed summary judgment on the issue of liability and remanded for a determination on damages. This appeal was taken following the circuit court’s determination of damages.

25698 - State v. Crouch

Trial judge did not have subject matter jurisdiction to revoke appellant's probationary sentences.

25699 - In the Matter of F. Marion Moise, III

This opinion suspends F. Marion Moise, III, from the practice of law for nine months due to a pattern of misconduct that included failing to diligently represent clients and failing to keep them informed of the status of their cases.

25700 - In the Matter of Charles W. Blackwell

This opinion disbars Charles W. Blackwell for misappropriating approximately $800,000 in client funds.

8-11-2003 - Orders

ORDER - Amendment to Rule 607, SCACR, Court Reporter Transcripts and Tapes

The Supreme Court revised Rule 607(i), effective immediately to require court reporters to retain the primary and backup tapes of a proceeding for at least five years after the date of the proceeding.
ORDER - In the Matter of Ronald W. Hazzard
This order places Ronald W. Hazzard on interim suspension and appoints James L. Hills to protect the interests of Mr. Hazzard's clients.
8-18-2003 - Opinions

25508 - Doe v. McMaster

This case discusses the duties of an attorney in a loan closing.

25701 - Camburn v. Smith

This case discusses the standard to be applied in awarding grandparent visitation.

8-18-2003 - Orders

ORDER - In the Matter of Kenneth L. Edwards

This order reinstates Kenneth L. Edwards to the practice of law under the conditions that he practice under the supervision of a mentor for a year and that he attend anger management classes.
ORDER - Doe v. McMaster
This case discusses the duties of an attorney in a loan closing.
ORDER - In the Matter of Joseph Wendell Arsi, Esq.
The Supreme Court places attorney on interim suspension and appoints Albert John Dooley, Jr., to protect the interests of the attorney's clients.
8-25-2003 - Opinions

25702 - Joye v. Yon

This Court adopts the case by case approach in determining whether a subsequent annulled marriage revives a payor spouse's periodic alimony obligation.

25703 - Collins Music Company v. FMW Corporation

This Court affirms the trial judge's grant of a JNOV in favor of Collins Music Co. because the original defendants could not prove that they suffered actual damages on their fraud cause of action."

25704 - Sullivan v. SC Department of Corrections

This Court finds that since Sullivan's denial of enrollment in Phase II of the Sex Offender Treatment Program does not implicate a liberty interest, his grievance is not entitled to review by the Administrative Law Judge Division.

25705 - In the Matter of Pearson

This opinion suspends Mark A. Pearson for 146 days for practicing law while under suspension for failing to meet CLE requirements.

25706 - Gibson v. State

This Court refuses to retroactively apply Sandstrom v. Montana to the defective malice charge given to the jury in this case.

25707 - Doucan v. Charleston County Council and Charleston County Election Comm.

This Court reverses the State Election Commission’s decision to uphold the election results for the Sales and Use Tax Referendum presented to voters during the 2002 general election in Charleston County.

25708 - Simmons v. Greenville Hospital System

This Court reverses the circuit court’s finding that the liability caps within S.C. Code Ann. § 15-78-120(a)(1) apply to Appellants’ claim.

25709 - Williamson v. SC Insurance Reserve Fund

This Court holds that Respondents' recovery is not limited by the caps within the Tort Claims Act.

25710 - Jones v. Georgia-Pacific Corporation

This Court affirms the Worker's Compensation Commission's finding that claimant was not entitled to benefits because she committed fraud in filling out her employment application.