Supreme Court Published Opinions - March 2002
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.
3-4-2002 - Opinions
Appellant appeals his conviction for violating South Carolina's prohibition against tattooing, challenging the constitutionality of the statute.
25422 - Cason v. Duke Energy Corporation
South Carolina Code Ann. §42-5-250 does not create an exception to the exclusivity provisions of the South Carolina Workers' Compensation Act for persons injured in explosions of boilers or flywheels or other single catastrophic explosions.
Murder case-- Issues are whether defendant was entitled to an involuntary manslaughter charge, and whether the trial court's instructions equating the offenses of ABHAN and voluntary manslaughter constituted reversible error.
25424 - Dykema v. Carolina Emergency Physicians, P.C.
Wrongful death case. Issues are whether statutory caps of S.C. Tort Claims Act apply to plaintiff's claims, and whether jury's verdict, awarding punitive but no actual damages against Companion, was timely objected to by Companion.3-11-2002 - Opinions
Tort/automobile wreck lawsuit dealing with directive verdict in comparative negligence case.
This case answers the certified questions of (1) whether a standard commercial general liability policy, that explicitly provides coverage only for property damage occurring during the policy period, provides coverage for continuing damage that begins during the policy period, (2) whether a general contractor's claim for the cost of repair to the substrate and framing of a house that was damaged by a subcontractor's improper installation of a stucco exterior is precluded by a faulty workmanship provision, and (3) if the coverage is excluded by the faulty workmanship provision, is that coverage restored by a provision that provides coverage for damage arising from products-completed operations hazards.
Petitioner appeals from the PCR court's denial of relief on grounds that his counsel gave ineffective assistance by failing to raise the issue of prosecutorial retaliation and failing to appeal to the jury for mercy.
This case concerns the requirement of a simulator test and involves two versions of Act No. 434.
25429 - City of Rock Hill v. Thompson
This case concerns a request for a writ of mandamus to order a lower court judge to apply the amended version of Act No. 434.3-18-2002 - Opinions
Issues in this case are whether Court of Appeals is required to have a hree judge quorum present before proceeding with oral argument and whether the defendant should have been granted a continuance in order to secure the transcript of his first trial.3-25-2002 - Opinions
This is a post-conviction relief case where petitioner argues counsel was ineffective for failing to object to hearsay.
25432 - Ackerman v. 3-V Chemical, Inc.
Issue is what constitutes timeliness in filing a Rule 59, SCRCP, motion to reconsider.