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Supreme Court Published Opinions - March 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.

3-5-2007 - Opinions

26280 - Eldeco v. Charleston County School District

This appeal arises out of a contract dispute between Appellant Eldeco, Inc. and Respondents Charleston County School District and Skanska USA Building, Inc. Eldeco alleged that Skanska breached the parties’ contract by failing to award certain electrical work in a new school building to Eldeco. Eldeco also alleged that CCSD intentionally interfered in the contractual relationship between Eldeco and Skanska. The trial court found in favor of Skanska and CCSD. Eldeco appeals and we affirm.

26281 - State v. Thomas

This case involves the general authority of a trial judge to suspend a criminal sentence given pursuant to a statute that provides a minimum and maximum sentencing range.

26282 - Ard v. Catoe

In this post-conviction relief opinion from a death penalty case, the Court affirmed the PCR court's finding of ineffective assistance of trial counsel.

3-12-2007 - Opinions

26283 - Fici v. Koon

This case involves a contract for the sale of land that violates the Statute of Frauds and whether attorney's fees are recoverable under the contract.

26284 - Edwards v. State

In this PCR case, the Court found the plea court had subject matter jurisdiction and reversed the PCR court’s grant of relief to Respondent.

26285 - Vaughan v. McLeod Regional Medical Center

The Court extended absolute quasi-judicial immunity to court-appointed examiners in guardianship proceedings. Finding this immunity protected the challenged acts and opinions of Dr. Wilson in this case, the Court affirmed as modified the grant of summary judgment in favor of Respondents.

26286 - In the Matter of Michael H. May

This is an attorney disciplinary opinion in which the Court issued a public reprimand.

26287 - In the Matter of Elizabeth H. Robinson

This is an attorney disciplinary opinion in which the Court issued a public reprimand.

26288 - In the Matter of Jeffrey T. Spell

This is an attorney disciplinary opinion in which the Court imposed a definite suspension.

26289 - Davis v. Richland County Council

The issue on appeal is whether Act No. 207, which takes the authority to recommend Richland County Recreation Commission members away from the Richland County Legislative Delegation, and gives that authority to the Richland County Council constitutes unconstitutional special legislation.

26290 - In the Matter of Darlington County Magistrate James E. Thomas

This is a judicial disciplinary opinion in which the Court suspends a magistrate for sixty days.

3-12-2007 - Orders

ORDER - Amendments to the South Carolina Appellate Court Rules

The Court has amended Rule 401, SCACR, to allow students at the Charleston School of Law to participate in clinical legal education programs.
3-19-2007 - Opinions

26291 - Catawba Indian Tribe v. State

The Court reversed in part and affirmed in part. The Court found Respondent has the right to allow video poker and similar electronic play devices on its Reservation, either by a third-party’s operation or its own operation, to the same extent the devices are authorized by state law, and the Court determined the general entrance fee imposed by S.C. Code Ann. § 12-21-4030(B)(1) is not applicable to Respondent’s bingo operation.

3-19-2007 - Orders

ORDER - Amendments to Rule 402, SCACR

ORDER - In the Matter of W. Benjamin McClain, Jr.
This is an order placing an attorney on interim suspension.
3-26-2007 - Opinions

26292 - In the Matter of Elizabeth Lane Cook

This is an attorney disciplinary matter in which the Court issued a public reprimand.

26293 - Simpson v. MSA of Myrtle Beach

This case arises out of an arbitration clause in an automobile trade-in contract between an automobile dealership and a customer. The automobile dealership filed a motion to compel arbitration in response to the customer’s civil action. The trial court denied the motion to compel arbitration on the grounds that the arbitration clause was unconscionable. This appeal followed.

26294 - State v. Barlow and Gibson

These direct appeals from appellants’ probation revocations raise the issue of whether the trial court erred in allowing a non-attorney to present the case for revocation.

26295 - Koon v. State

The sole issue on certiorari is whether Koon was improperly sentenced to LWOP based upon his 1986 second-degree burglary convictions.

26296 - Custodio v. State

This case involves the question of whether the PCR court erred by finding defense counsel was not ineffective for failing to attempt to specifically enforce his plea agreement.

3-26-2007 - Orders

ORDER - Amendments to Rule 403, SCACR.