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Supreme Court Published Opinions - August 2006

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.

8-7-2006 - Opinions

26195 - State v. Reese

Reversing the Court of Appeals in part, the Supreme Court held Reese was not entitled to an involuntary manslaughter instruction since he was presenting a firearm, which is a felony. However, the Court affirmed the Court of Appeals' decision granting Reese a new trial because the solicitor's closing argument asking the jurors to speak for the victim was reversible error.

26196 - Therrell v. Jerry's Inc.

The court of appeals affirmed the workers’ compensation commission’s decision to award recovery for a torn rotator cuff as a scheduled loss for the loss of an arm. The Supreme Court affirmed, but modified the court of appeals’ decision to clarify the proper procedure for determining how a particular injury is compensated and the amounts of compensation for injuries to unscheduled members.

8-14-2006 - Opinions

26197 - Watson v. State

The post-conviction relief (“PCR”) court granted Bobby Watson (“Watson”) a new trial, finding that counsel was ineffective for eliciting and failing to object to improper hearsay testimony. This Court granted the State’s petition to review the PCR judge’s decision.

26199 - State v. Sowell

The issue on appeal is whether an attorney was properly held in contempt for disclosing grand jury information to his private investigator.

26200 - State v. Heath

This Court reversed Appellant’s conviction because the State failed to prove a necessary element of the crime charged.

8-14-2006 - Orders

ORDER - In the Matter of Michael T. Hursey

This is an order placing an attorney on interim suspension.
8-21-2006 - Opinions

26201 - Morris v. SC Workers’ Compensation Commission

This case involves a challenge by court reporters to a change in the terms of their employment at the Workers' Compensation Commission.

26202 - State v. Landon

The State appeals an order suppressing the results of a DataMaster breath test in this case where the defendant claimed SLED violated a record-keeping statute.

26204 - State v. Allen

The Court affirmed the circuit court’s decision to revoke Appellant’s probation. The Court found the standard probation condition that a probationer not associate with a person with a criminal record was not so overly broad that it violated due process.

26205 - Dreher v. Dreher

The probate court granted Appellant’s request for an elective share of Decedent’s estate. The probate court also found husband’s revocable inter vivos trust was not illusory and could not be used to calculate or fund the elective share; Appellant appealed this ruling. The Supreme Court found the probate court erred in determining Decedent’s revocable inter vivos trust was not illusory. The Court concluded the trust was illusory for purposes of determining Appellant’s elective share rights because Decedent retained substantial control over the trust. The Court reversed and remanded the case.

8-21-2006 - Orders

ORDER - Amendment to Rule 607, SCACR

ORDER - Appeals from Administrative Decisions
ORDER - In the Matter of Blaine T. Edwards
This is an order placing an attorney on interim suspension and appointing an attorney to protect his clients' interests.
8-28-2006 - Opinions

26206 - In the Matter of Walter H. Smith

This is a disciplinary opinion in which the Court indefinitely suspended an attorney.

26207 - In the Matter of William F. Gorski

This is a disciplinary opinion in which the Court publicly reprimanded an attorney.

26208 - Baggerly v. CSX Transportation, Inc.

In this direct appeal, the issues include whether the trial court erred by: (1) directing a verdict in favor of the railroad respondents; and (2) excluding one of appellant's expert witnesses, a professional engineer.

8-28-2006 - Orders

ORDER - Act No. 385 of 2006 – relating to defining the

ORDER - In the Matter of David E. Belding
This is an order reinstating an attorney to the practice of law.