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South Carolina
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Supreme Court Published Opinions - January 2007

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.

1-3-2007 - Opinions

26241 - In the Matter of C. Craig Young

The Court found misconduct and imposed a Public Reprimand on an attorney.

1-8-2007 - Opinions

26242 - Sloan v. Hardee

The issue in this case is whether certain DOT Commissioners are serving in violation of SC Code Ann. §§ 57-1-320(B) and 57-1-330(A).

26243 - State v. Burkhart

In this death penalty case, the Court finds inadmissible evidence in the sentencing phase regarding general prison conditions.

26244 - In the Matter of Carlton D. Robinson

In this opinion, the Court issues a public reprimand for misconduct related to real estate closings.

26245 - In the Matter of Sally G. Calhoun

In this opinion, the Court issues a public reprimand for misconduct related to the closing of a home equity line of credit.

26246 - In the Matter of Kevin M. Cunningham

In this opinion, the Court disbars Mr. Cunningham for failing to comply with Rule 417, SCACR, failing to maintain client funds separate from his own, misappropriating client funds, failing to diligently represent a client, failing to adequately communicate with a client and providing false information to a client.

26247 - In the Matter of Miles L. Green, Jr.

In this opinion, the Court suspended Mr. Green from the practice of law for six months as a result of several criminal matters.

1-22-2007 - Opinions

26248 - Responsible Economic Development v. S.C. Department of Health and Environmental Control

The Court affirmed as modified the circuit court’s opinion upholding the grant of a stormwater permit to Walmart.

26249 - Suber v. State

The Court reversed the PCR court’s finding that plea counsel rendered ineffective assistance of counsel.

26250 - Talley v. State

The Court found the PCR judge erroneously applied Alabama v. Shelton, 535 U.S. 654, 122 S.Ct. 1764, 152 L.Ed.2d 888 (2002), to Respondent’s convictions and reversed the PCR judge’s decision to vacate Respondent’s convictions.

26251 - Franklin v. Chavis

In this original jurisdiction case, the Court determines that a layperson's drafting of a third party's will is the unauthorized practice of law.

26252 - State v. New

In this criminal case, the Court decides that the defendant has the burden of proof regarding the affirmative defense of duress.

26253 - Arnal v. Fraser

Father raises numerous issues arising out of four different family court orders. These four appealed orders in the current action were issued while the parties’ previous appeal was pending. The Court affirmed in part and reversed in part.

1-22-2007 - Orders

ORDER - In the Matter of David Harold Hanna

This is an order placing an attorney on interim suspension.
ORDER - State v. Kwasi Roosevelt Tuffour
Order vacates Court of Appeals' opinion in State v. Tuffour, 364 S.C. 497, 613 S.E.2d 174 (Ct. App. 2005), dismisses petitions for writs of certiorari, vacates prior order dated December 19, 2006, and vacates Tuffour's 2002 conviction.
1-29-2007 - Opinions

26254 - Geathers v. 3V, Inc.

We hold the South Carolina Workers’ Compensation Commission does not have authority to apportion liability between insurers for successive injuries.

26255 - Lee County School v. MLD Charter School Academy

We affirm the decision of the circuit court reversing the denial of Appellant’s charter school application.

26256 - Cannon v. SCDPPS

This case involves the issue of whether the Court of Appeals erred by finding petitioner was required to submit a DNA sample for inclusion in the State's DNA database as a condition of his parole.

1-29-2007 - Orders

ORDER - In the Matter of Miles L. Green, Jr.

Order reinstating Mr. Green to the practice of law.