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South Carolina
Judicial Department
Supreme Court Published Opinions - August 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.

8-5-2002 - Opinions

25509 - Total Environmental Solutions, Inc. v. S.C. Public Service Commission

Treatment of availability fees as regulated rates by the Public Service Commission.

25510 - Lewis v. Premium Investment Corporation

Whether a purchaser in an installment land contract has a right of redemption after default.

8-12-2002 - Opinions

25511 - Broom v. State

An allegation of an intent to permanently deprive the owner of the property is not required in an armed robbery indictment.

25512 - Cooper v. State

This post-conviction relief case involves the issue of whether the PCR court erred by finding S.C. Code Ann. Sec. 16-3-28 (1985 & Supp. 2001) applies to non-capital crimes and whether the PCR court erred by finding respondent was prejudiced by counsel's failure to advise respondent of his statutory right to make a guilt phase closing argument.

25513 - In the Matter of O'Day

Opinion indefinitely suspending O'Day

25514 - State v. Standard

Issue is whether an enhanced sentence based upon a prior most serious conviction for a crime which was committed when the defendant was a juvenile is unconstitutional.

25515 - Green v. State

This is a PCR matter in which the applicant makes the following claims of ineffective assistance of counsel: 1) failure to move for a mistrial, 2) failure to object to the Allen charge, 3) failure to request the trial judge poll the jury, and 4) cumulative error. In addition, the applicant claims the PCR judge erred by failing to admit a criminal defense attorney's expert opinion at the PCR hearing.

8-19-2002 - Opinions

25516 - State v. Brewer

This criminal appeal involves the issue of whether appellant is entitled to immunity from prosecution.

25517 - Floyd v. Horry County School District

This is a school suspension case discussing the scope of judicial review.

8-26-2002 - Opinions

25518 - State v. Rothschild

This case construes the statute making it unlawful to possess a drug test adulterant.

25519 - Humphries v. State

Petitioner appealed from the denial of his PCR application, arguing the solicitor improperly compared his character with the character of the murder victim in his closing argument.

25520 - Dearybury v. Dearybury

In this opinion, the Court reverses the Court of Appeals' decision to increase the amount of alimony awarded to the wife, holding the Court of Appeals failed to specify the findings it relied upon in increasing the alimony.

25521 - Sanchez v. State

This post-conviction relief case involves the issue of whether counsel was ineffective for failing to object to hearsay testimony.

25522 - In the Matter of Swope

This opinion publicly reprimands an attorney for failing to cooperate with the Office of Disciplinary Counsel.

25523 - Bazzle - Lackey v. Green Tree Financial

In this case, the Court upheld class-wide arbitration although the arbitration agreement was silent regarding class arbitration.