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Supreme Court Published Opinions - January 2011

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.

1-7-2011 - Opinions

26906 - State v. Bryant

The Court affirmed this capital appeal.

26907 - In the Matter of Michael James Sarratt

This is a disciplinary opinion in which the Court suspended a lawyer from the practice of law for nine months.

26908 - In the Matter of Heather Anne Glover

In this disciplinary matter, the Court found Respondent Heather Anne Glover should be disbarred.

26910 - M&T Group v. Palmetto Point

In this appeal from common pleas court, Appellant Palmetto Point, LLC argues the circuit judge erred in granting summary judgment to Respondent M&T Group, LLC.

1-18-2011 - Opinions

26911 - SCDOT v. Horry County

The South Carolina Department of Transportation sought a declaratory judgment that it held an easement across the Graingers’ land. The special referee found SCDOT holds an easement by way of a 1930 deed from Horry County, and that equitable principles do not prevent it from exercising its rights to that easement. This Court affirms the special referee.

26912 - Henry-Davenport v. Fairfield County

In this case, the Court answers a question certified by the United States District Court.

26913 - Travelscape v. SCDOR

In this case, the Court affirmed the ruling of the ALC that internet travel companies, such as Travelscape, must remit sales tax on the gross proceeds they receive from providing hotel reservations in South Carolina. The Court also affirmed the ALC’s finding that as applied, this tax does not violate the Dormant Commerce Clause. Finally, the Court clarified that ALCs have the ability to hear as-applied constitutional challenges to statutes and regulations.

1-24-2011 - Opinions

26914 - Robinson v. Estate of Harris

In this heirs' property dispute, the Court found the matter was barred by the doctrine of laches.

26915 - State v. Oxner

The Court affirmed the State's appeal from an order of the circuit court sitting in its appellate capacity on error preservation grounds.

26916 - SCDMV v. McCarson

In this appeal from a driver's license suspension, we find the Administrative Law Court erred in reversing the Hearing Officer's order reinstating Appellant's driver's license privileges.

26917 - City of Rock Hill v. Harris

Defendant was found guilty of underage possession of beer by Rock Hill Municipal Court Judge Ray Long. York County Circuit Court Judge Lee S. Alford affirmed this ruling. Defendant appeals on the ground that the statute under which he was convicted unconstitutionally restricts his right to possess alcoholic beverages.

26918 - Jackson v. Governor Mark Sanford

In this action in the Court's original jurisdiction, the Court determined that a veto by Governor Sanford was invalid.

1-31-2011 - Opinions

26919 - Wiegand v. USAA

In this case, the Court held that USAA met its burden in proving that it made a meaningful offer of Underinsured Motorist coverage under section 38-77-350.

26920 - Gowdy v. Gibson

The State brought a civil forfeiture action to confirm the seizure of $146,050 in cash that found in the home of the defendant when police were executing a search warrant. The defendant’s mother, who claimed to have an interest in the property, was added as a party prior to trial. The Circuit Court, Spartanburg County, J. Mark Hayes, II, Circuit Court Judge, confirmed the forfeiture. The defendants appealed.