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Supreme Court Published Opinions - December 2012

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.

12-5-2012 - Opinions

27198 - Too Tacky Partnership v. SCDHEC

The Court dismisses the writ of certiorari as improvidently granted.

12-12-2012 - Opinions

27168 - Graves v. CAS Medical Systems

In this products liability case, the Court affirmed as modified the circuit court's order granting CAS's motion for summary judgment finding that although the circuit court erred in excluding the testimony of the neonatologist, it properly excluded the testimony of the Graves' computer experts.

27199 - In the Interest of Tracy B.

This Court granted a petition for a writ of certiorari to review the decision of the court of appeals in In re Tracy B., 391 S.C. 51, 704 S.E.2d 71 (Ct. App. 2010), in which Petitioner's family court adjudication as a delinquent for murder, unlawful possession of a handgun, and unlawful possession of a handgun by a minor were affirmed. Petitioner contends the family court erred in failing to suppress an inculpatory statement and failing to find that he acted in self-defense.

27200 - In the Matter of Chad Brian Hatley

This is a disciplinary opinion in which the Court definitely suspends a lawyer.

27201 - Storm M. H. v. Charleston County Board of Trustees

The Court affirmed the circuit court's order authorizing a student who resides in Berkeley County to enroll in the Academic Magnet High School located in the Charleston County School District, provided she purchase real property in the Charleston County School District with a tax-assessed value of $300 or more.

12-12-2012 - Orders

ORDER - In the Matter of William H. Jordan

ORDER - In the Matter of W. Benjamin McClain, Jr.
This is an order reinstating a lawyer to the practice of law.
12-19-2012 - Opinions

27202 - State v. Brown

We hold the Court of Appeals properly applied Arizona v. Gant, 556 U.S. 332 (2009) and found the warrantless police search conducted incident to Brown's arrest for an open container violation was illegal. We further hold, however, pursuant to the Supreme Court's subsequent pronouncement in Davis v. United States, 131 S. Ct. 2419 (2011), that the exclusionary rule is not applicable to this case because the officer relied upon existing appellate precedent in New York v. Belton, 453 U.S. 454 (1981), at the time he conducted his search.

27203 - State v. Wallace

We dismiss the writ of certiorari as improvidently granted.

12-28-2012 - Opinions

27204 - In the Matter of Jeffery Glenn Smith

This is a disciplinary opinion in which the Court definitely suspends a lawyer.

27205 - In the Matter of John L. Drennan

This is a disciplinary opinion in which the Court publicly reprimands a lawyer.

27206 - In the Matter of Ernest W. Cromartie, II

In this attorney disciplinary case, we accept Respondent's irrevocable resignation with the condition that he may never practice law in this state.

12-28-2012 - Orders

ORDER - Amendments to the South Carolina Appellate Court Rules

On May 7, 2012, this Court issued an order revising, among other things, Rule 410 of the South Carolina Appellate Court Rules (SCACR).