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South Carolina
Judicial Department
Supreme Court Published Opinions - July 2001

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.

7-2-2001 - Opinions

25315 - In the Matter of William Grady Berry

This is a disciplinary matter resulting in the sanction of disbarment.

25316 - State v. Benjamin

In this direct criminal appeal of murder and armed robbery convictions, the issues include whether the jury instruction on duress was misleading, whether the defendant's right to remain silent was violated, and whether evidence of a subsequent robbery was properly admitted.

7-16-2001 - Opinions

25317 - Grant v. City of Folly Beach

This zoning case involves the application of estoppel against a government agency.

25318 - State v. Woods

Court finds juror intentionally concealed material information on voir dire where juror failed to reveal fact that she had previously worked as volunteer victims advocate in prosecuting Solicitor's office.

7-17-2001 - Opinions

25319 - Curtis v. State

This case concerns whether S.C. Code Ann. 16-13-470 (Supp. 2000) , a statute prohibiting the sale of urine for the purpose of defrauding a drug screening test, is constitutional.

7-23-2001 - Opinions

25320 - Osborne v. Adams

A hospital may have a non-delegable duty under Restatement (Second) of Torts (and Simmons v. Tuomey Regional Medical Center, 341 S.C. 32, 533 S.E.2d 312 (2000)) to insure that services provided in the hospital's Neonatal Intensive Care Unit are not rendered negligently.

25321 - Brown v. Theos

This case involves a nolo contendere plea, and whether, in the context of an action for legal malpractice, the nolo plea, or the criminal defendant's own actions were the proximate cause of his incarceration.

25322 - In the Matter of The Care and Treatment of Johnny Matthews

This case involves South Carolina's Sexually Violent Predator Act, the jurisdiction it confers on the circuit court, and its constitutionality.

25323 - In the Matter of the Care and Treatment of Donald Lee McCracken

Sexually Violent Predator did not demonstrate that the Act was unconstitutional nor that there were trial errors warranting reversal.

25324 - S.C. Department of Natural Resources v. The Town of McClellanville

This case concerns the interpretation of a restrictive covenant.

25325 - State v. Ramsey

The Court affirms Ramsey's convictions of murder and kidnaping and his life imprisonment sentence. Ramsey argued on appeal that the trial court erred by refusing to hold an in camera hearing to challenge the suggestiveness of a photographic line-up used to identify him. Ramsey also challenged the admission of DNA evidence during his murder trial. The Court finds no merit to these arguments.

25326 - Sea PinesAssociation for the Protection of Wildlife, Inc. v. S.C. Department of Natural Resources

Sea Pines Association and several other Appellants challenged the South Carolina Department of Natural Resources' issuance of permits to lethally eliminate a substantial number of white-tailed deer on Hilton Head Island. The Court found the Appellants lacked standing to challenge the issuance of the permits. The Court also decided that the South Carolina Department of Natural Resources complied with the laws of this State when it issued the permits.

25327 - In the Matter of Michael A. Devine

An attorney is indefinitely suspended form the practice of law for several ethical violations, including, but not limited to: accepting fees from clients when he did little or no work on their cases, trust account violations, and failing to communicate with clients and the Office of Disciplinary Council.

25328 - In the Matter of Gerald P. Konohia

Opinion suspending Gerald P. Konohia from the practice of law for sixty days.

25329 - In the Matter of Walter Bilbro, Jr.

Opinion publicly reprimanding Walter Bilbro, Jr.

25330 - State v. Peppers

Court declines to address defendant's constitutional challenges to statute where defendant attempted to enter a conditional guilty plea at trial. Plea is vacated.

25331 - Arthurs v. Aiken County, S.C. Sheriff's Department

Decision of the Court of Appeals finding police officers owed no duty to woman killed by her estranged husband is affirmed. The

25332 - Tucker v. Catoe

Habeas corpus granted and a new sentencing proceeding ordered where the Allen charge given in the sentencing phase of petitioner's capital trial was unduly coercive and violated his due process rights.

25333 - State v. Wannamaker

This criminal case includes issues of right tp counsel and hearsay.

25334 - State v. Fuller

This case involves the application of the "exclusionary offense" doctrine.

7-30-2001 - Opinions

25336 - In the Matter of Jefferson M. Long, Jr.

Two-year suspension imposed on attorney for criminal conviction relating to "Operation Lost Trust" and misconduct in handling two client matters.